STONE TOWN COUNCIL
Town Clerk 15 Station Road Les Trigg STONE ST15 8JP Tel: 01785 619740 Fax: 01785 619741 26th June, 2017
A meeting of the GENERAL PURPOSES COMMITTEE will be held in Stone Station Community Centre, Station Approach, Stone, on TUESDAY 4 JULY at 7:05pm or on the rising of the Council Meeting if later.
I trust you will be able to attend.
Les Trigg Town Clerk
AGENDA
1. To receive apologies for absence
2. Declarations of Interest and Requests for Dispensations Received
3. To receive the report of the County Councillors
- County Councillor Mrs J Hood - County Councillor I Parry
4. Representations from Members of the Public To consider representations from members of the public on items to be considered at this meeting, in accordance with the Council’s scheme of public participation
5. To consider the Minutes and recommendations of the undermentioned Committees:
a) Estates Sub-Committee held on 20 June, 2017 Minute Number EST18/001 – EST18/006 (attached) i. To consider the minutes ii. To consider the Recommendations contained in Minute Numbers EST18/004, EST18/005, EST/18/006
b) Management Sub-Committee held on the 20 June, 2017, Minute Numbers MAN/18/001 – MAN/18/004 (attached) i. To consider the minutes ii. To consider the Recommendations contained in the Minute Number MAN/18/004
6. Stone Town Council Representative on Walton Community Association (Stone) Ltd To consider a letter received from the company Secretary/Treasurer
7. Fly the Red Ensign for Merchant Navy Day To consider a letter received from Seafarers UK
8. Police and Fire Consultation To consider the content of a consultation received from the Police and Crime Commissioner for Staffordshire
9. Staffordshire County Council Consultation: Updated Planning Application Validation Requirements To consider an opportunity to comment on updates to Staffordshire County Council’s planning application validation requirements
10. Stafford Borough Council Consultation: Public Space Protection Order To consider the details of a public consultation following legislation changes that introduce new rules that can help stop people causing problems in areas of Stafford Borough.
11. Trade Union Pay Claim for 2018 – 19 To consider and comment to NALC on the attached paper
12. To consider the following requests for grants from local organisations
- Stafford Samaritans - £100 - STING - £500 - Stone Air Training Corps 2352 - £484.98 - Stone Lions - £500 - The Burma Star Association - £300 - Revitalise - £354
13. Update from Working Groups: a) Neighbourhood Plan Steering Group b) To determine Protocol for Marking the Death of the Sovereign or other members of the Royal Family
14. To receive reports from Town Councillors on attendance at meetings of local organisations and outside bodies as a representative of the Town Council
Stone ATC – Mayor and Cllr M. Green Age Concern Stone & District – Cllrs: Mrs K. Green and Mrs C. Collier Stone Town Band – Mayor Walton Community Centre – Cllr M. Green Stafford & Stone Access Group – Cllr Mrs C. Collier Stone Common Plot Trustees – Cllrs: M. Shaw, G. Collier, Mrs J. Hood and R. Kenney Stone Community Hub Liaison Group – Cllrs: Mrs J. Farnham, M. Green, A. Osgathorpe, Mrs J. Hood and R. Kenney
Members of the public are welcome to attend the General Purposes Meeting as observers.
Stone Town Council – Estates Sub-Committee
Minutes of the meeting held in St Michael’s Suite at the Frank Jordan Centre, Lichfield Street, Stone on Tuesday 20 June, 2017
PRESENT: Councillor M Green in the Chair and Councillors Mrs J. Hood (from item 4), Mrs E. Mowatt, I. Fordham and T. Jackson
By Chairman’s invitation: Councillors Mrs K. Green, M. Williamson, Mrs M. Goodall, and A. Osgathorpe
ABSENT: Councillors: G. Collier, Mrs J. Farnham and Mrs J. Hood (to item 4)
EST18/001 Apologies
Apologies were received from Councillors G. Collier, Mrs J. Farham, and Mrs J. Hood (to item 4)
EST18/002 Declarations of Interest and Requests for Dispensations
None received.
EST18/003 Representations from Members of the Public
None received.
EST18/004 Disabled Access to the Council Chamber
The Clerk reminded the Committee of the decision taken to cease holding meetings in the Council Chamber and that he had been tasked with investigating alternative options to improve disabled access to 15 Station Road, a Grade II listed building.
After a survey, a Fire Inspector has concluded in his report that a stair lift could not be accommodated. An external lift may be an option but this would be very expensive.
The Clerk has investigated an additional option for transporting disabled people up and down the stairs, and a paper* with information on mobile stair climber devices was distributed to Sub-Committee members for their consideration. Two devices involve sitting on a seat and a third transports a wheelchair up the stairs.
The features of the mobile stair climbers were discussed. Concern was expressed about the requirement for the persons supporting the disabled person to need
* Items marked with an asterisk refer to reports or papers circulated with the agenda or distributed at the meeting. They are attached as an appendix to the signed copy of the Council minutes.
to employ strength (rather than just guidance) at the top and bottom of the stairs whilst manoeuvring the stair climber into and out of position.
RECOMMENDED: That the Clerk arrange for the supplier(s) of the mobile stair climbers to undertake a survey of 15 Station Road and at the same time perform a demonstration of how the equipment operates.
EST18/005 Frank Jordan Centre Refurbishments
The Clerk updated members on the refurbishments to the Frank Jordan Centre. A plan of the building* and timescales for the project* were distributed to members at the meeting. It was confirmed that work is scheduled to start on 4 July 2017 and finish in the middle of August. The building will be back in full use at the beginning of September.
Councillor Kenney provided an update on his meeting with the contractor on 16 June 2017. He reported that there is little to be gained from moving the wall between the kitchen and the ladies’ toilet and additional quotations are being sought for items excluded from the work schedule. A full specification for the kitchen and disabled access at the rear will also to be sought.
The Committee asked that consideration is given to the preparation of a policy for the appropriate display of promotional material within the building, to take effect after the improvement works are complete.
RECOMMENDED: That a policy be drafted to deal with the display of notices/promotional material, and that an update on this item be included on the agenda for the next Estates Sub Committee Meeting on 15 August 2017 (brought forward from 26 September).
EST18/006 Items Referred from General Purposes Committee on 25 April 2017
Market Advertising The Committee was advised that the Tourism and Town Promotion Sub- Committee agreed that Councillor Fordham should devise a strategy.
Variation of policy to allow market traders to use their own marquees The Committee considered issues relating to market traders using their own marquees and the desire for uniformity.
RECOMMENDED: That the Town Clerk investigate alternatives to the current arrangements for marquee storage and erection and report back to the next meeting of the Sub-Committee when the matter would be considered further.
Town Mayor
* Items marked with an asterisk refer to reports or papers circulated with the agenda or distributed at the meeting. They are attached as an appendix to the signed copy of the Council minutes.
Stone Town Council – Management Sub-Committee
Minutes of the meeting held in St Michael’s Suite at the Frank Jordan Centre, Lichfield Street, Stone on Tuesday 20 June, 2017
PRESENT: Councillor M. Green in the Chair and Councillors Mrs E. Mowatt, A. Osgathorpe, M. Shaw, Mrs M. Goodall and M. Williamson.
By Chairman’s invitation: Mrs K. Green, Mrs J. Hood and I. Fordham
ABSENT: Councillor G. Neagus
MAN18/001 Apologies
Apologies were received from Councillor G. Neagus
MAN18/002 Declarations of Interest and Requests for Dispensations
None received
MAN18/003 Representations from Members of the Public
None received
MAN18/004 Update on current issues
The Sub-Committee considered a Council Document Review Timetable* (distributed at the meeting) identifying the review frequency for each policy, procedure and plan that Stone Town Council holds, together with a target review date by the Committee/Sub-Committee responsible.
RECOMMENDED: that the Council Document Review Timetable – June 2017 be accepted and that a draft update is brought back to the appropriate Committee/Sub-Committee meeting as scheduled.
The Clerk reported on documents and other items that all local councils should hold and a table* (circulated at the meeting) identifies the progress Stone Town Council has made in producing these items since June 2014.
The Town Clerk advised that an Asset Register had been compiled for all Town Council Assets and the Assistant Town Clerk (Business and Finance) was thanked for her work in producing this.
* Items marked with an asterisk refer to reports or papers circulated with the agenda or distributed at the meeting. They are attached as an appendix to the signed copy of the Council minutes.
RECOMMENDED: To note progress with documents produced and items to be progressed.
Town Mayor
* Items marked with an asterisk refer to reports or papers circulated with the agenda or distributed at the meeting. They are attached as an appendix to the signed copy of the Council minutes.
From: Hannah Bladon [mailto:[email protected]] Sent: 14 June 2017 17:07 To: undisclosed-recipients: Subject: Police and Fire Consultation
This letter is about our police service and our fire service, here in Staffordshire. It is about how we can build on their good work and make sure both services are financially sound for the future with extra investment available to keep us all safe and secure.
It is important that our police can adapt to changing crime in an ever more complex world and that our fire and rescue service expands the expertise and specialisms they have developed around the prevention of harm in addition to their core responsibilities.
From a practical point of view, I want more of the overall budget both services have to go towards frontline operations in local areas across Staffordshire and Stoke-on-Trent.
Part of achieving that would be to bring the support and administration functions that each service currently has into a combined function both would use. It would free up at least £3 million every year to support frontline services and provide helpful consistency in order to work better together.
The primary focus of this letter is governance and how it can help to shape public services’ ability to work together, adapt to change and spend our taxes effectively. I am consulting the public, organisations and staff across Staffordshire about bringing the governance of our fire and rescue service alongside the governance of our police service in here.
At present 21 councillors from Stoke-on-Trent and Staffordshire carry out the governance of the fire service, on a part time basis, through what is called the Fire and Rescue Authority.
Local police services used to be governed in a similar way until 2013 when locally elected Police and Crime Commissioners (PCCs) took over responsibility. It has been evidenced widely that this has been effective and so Government have now asked each Commissioner to consider bringing the governance of their area’s fire and rescue service alongside that of policing.
An Independent Report about doing this in Staffordshire suggests it would improve the way the two services work together, speed up delivery of new ideas, be better value for money and provide the room for investment in the two services.
The report concludes that bringing the governance of the fire and rescue service alongside policing here is sensible and pragmatic. Doing that here would also save £2 million on the current costs of Fire governance over the ten years of the business case set out.
I broadly agree with the independent report’s findings and also think aligning governance will bring certainty and stability for the longer term for both services. I would be grateful of the parish council’s thoughts and if you would like to receive the full report and a link to the survey please email [email protected]. Could you please share this letter with all parish council members.
If you would like more information in general please email [email protected]
Thank you
Matthew Ellis Police and Crime Commissioner for Staffordshire
Fri 16/06/2017 15:43
Staffordshire County Council CONSULTATION: Updated planning application validation requirements
Hello, We are emailing you, as a recent planning applicant / agent, a recent recipient of pre-application advice, or, as you are on our list of consultees. In accordance with the Government’s Planning Practice Guidance, a valid planning application must comply with national and local information requirements and we must review and consult on any changes every 2 years. We wish to give you the opportunity to comment on the updates to our planning application validation requirements contained in an A to Z Guide and accompanying validation checklists. A further explanation and the consultation draft version of the latest A to Z Guide and checklists are now available on our Consultation Portal. We would welcome any comments by reply email to [email protected] before 5 pm on Friday 7 July 2017. If you would prefer to discuss the updates before responding please contact Mike Grundy, Planning, Policy and Development Control Manager on 01785 277297.
Sent by Planning at Staffordshire County Council on behalf of Mike Grundy, Planning, Policy and Development Control Manager
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Staffordshire County Council Planning, Policy & Development Control Team
An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017))
Contents
Introduction ...... 1
A ...... 3 A TO Z ...... 3 AIR QUALITY ASSESSMENT ...... 3
B ...... 5 BIODIVERSITY / GEODIVERSITY SURVEY AND REPORT ...... 5
C ...... 8 CERTIFICATES ...... 8 CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN (CEMP) ...... 9 COUNTY DEVELOPMENT STATEMENT ...... 12
D ...... 16 DAYLIGHT / SUNLIGHT ASSESSMENT ...... 16 DESIGN AND ACCESS STATEMENT ...... 17
E ...... 21 E-PLANNING; ELECTRONIC APPLICATIONS ...... 21 ECONOMIC STATEMENT ...... 23 ENVIRONMENTAL STATEMENT ...... 24
F ...... 25 FEE ...... 25 FLOOD RISK ASSESSMENT AND SUSTAINABLE DRAINAGE SCHEME / STRATEGY ...... 25 FOUL SEWAGE AND UTILITIES ASSESSMENT ...... 28
G ...... 30
H ...... 31 HERITAGE STATEMENT ...... 31
I, J, K ...... 33
L ...... 34 LAND CONTAMINATION ASSESSMENT ...... 34 LANDSCAPING DETAILS AND/OR LANDSCAPE AND VISUAL ASSESSMENT ...... 35 LAWFUL DEVELOPMENT CERTIFICATES ...... 37 LIGHTING ASSESSMENT ...... 38
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M ...... 40 MINERAL DEVELOPMENT STATEMENT ...... 40 MINERAL SAFEGUARDING STATEMENT ...... 43
N ...... 45 NOISE ASSESSMENT ...... 45
O ...... 47 OPEN SPACE AND/OR PLAYING PITCH ASSESSMENT ...... 47
P ...... 49 PLANNING OBLIGATIONS ...... 49 PLANS, PHOTOGRAPHS AND DRAWINGS ...... 50 PLANNING STATEMENT ...... 54 PRE-APPLICATION ADVICE ...... 55
Q, R ...... 57
S ...... 58 SITE WASTE MANAGEMENT PLAN / WASTE AUDIT ...... 58 STATEMENT OF COMMUNITY INVOLVEMENT (SCI) ...... 59 STRUCTURAL SURVEY ...... 59
T ...... 60 TRANSPORT, ACCESS, PARKING AND TRAVEL PLAN CONSIDERATIONS ...... 60 TREE SURVEY AND PROTECTION PLAN ...... 63
U ...... 65
V ...... 66 VALIDATION ...... 66
W ...... 69 WASTE DEVELOPMENT STATEMENT ...... 69 WASTE MANAGEMENT FACILITY SAFEGUARDING STATEMENT ...... 73
X, Y, Z ...... 75
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Introduction
This guide, together with the accompanying validation checklists published on our A to Z of Planning web page (‘V’ for Validation), explains the national and local list of information requirements for planning applications to be submitted to Staffordshire County Council for determination i.e. ‘county matter’ applications related to minerals or waste developments and the County Council’s own developments submitted in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992, i.e. ‘Regulation 3 applications’ / ‘Reg 3 applications’.
The national and local information requirements (highlighted in green) as well as more general advice about the process of submitting a planning application to Staffordshire County Council (highlighted in yellow) should be used by applicants or their agents when preparing planning applications and will be used by us when we validate planning applications.
The guide has been regularly updated since it was first published in 2008 as indicated below.
Update 1 - 1 May 2008: 1. To take account of Circular 4/2008 which introduced fees for submissions of detail (see ‘F’ for FEE). 2. To take account of the new regulations concerning site waste management plans (see ‘S’ for Site Waste Management Plan). 3. To clarify the intended use of validation forms (see ‘V’ for Validation).
Update 2 – 13 November 2008: 1. To refer to Defra’s waste facility design advice published in conjunction with CABE
Update 3 – 17 December 2008 1. To update broken web site links. 2. To amend the reference to PPS12 (see ‘S’ for Statement of Community Involvement)
Update 4 - 18 June 2009 1. To update broken web site links. 2. To amend the Environment Agency Flood Risk Standard Advice (see ‘F’ for Flood Risk Assessment)
Update 5 - 19 April 2012 1. To update broken web site links 2. To update contact details 3. To take account of the National Planning Policy Framework and Technical Guidance (published 27 March 2012) and the government guidance replaced by the new document.
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Update 6 – 26 June 2013 1. To take account of the amendments to the regulations relating to Design and Access Statements which came into effect on 25 June 2013. 2. To take account of our new Waste Local Plan which was adopted in March 2013. 3. To take account of the revocation of the Regional Spatial Strategy for the West Midlands and the Staffordshire and Stoke-on-Trent Structure Plan which took effect on 20 May 2013. 4. To update broken web site links. 5. To take account of the National Planning Policy Framework (paragraph 193) which states that:
“Local planning authorities should publish a list of their information requirements for applications, which should be proportionate to the nature and scale of development proposals and reviewed on a frequent basis. Local planning authorities should only request supporting information that is relevant, necessary and material to the application in question.”
Update 7 - ** **** 2017 1. To take account of the changes resulting from the Town and Country Planning (Development Management Procedure) Order 2015 – Part 3 – Article 11(3) and Planning Practice Guidance how to review the list of requirements (paragraph 044) which requires: the list to be republished every 2 years; recommends a 3- step process for the review (step 1 – identify the drivers for each item in the list; step 2 – consult on the changes; step 3 – finalise and publish the revised local list);. 2. To fix broken web site links. 3. To take account of The Town and Country Planning (Development Management Procedure) (England) Order 2015 4. To take account of the Planning Practice Guidance 5. To take account of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 6. To remove original requirements which are not relevant to the type of applications dealt with by the County Council e.g. Affordable Housing Statements and to add requirements which are relevant e.g. Construction Environmental Management Plan; County Development Statement; Minerals Development Statement; Surface Water Drainage Scheme / Strategy and Waste Development Statement. 7. To replace the previously separate Local List document and validation forms.
To discuss the content please contact Mike Grundy Planning, Policy & Development Control Manager (tel. 01785 277297)
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A
A TO Z Planning information and useful links are available via our A to Z of Planning web page
AIR QUALITY ASSESSMENT
Air Where the development is proposed inside, or adjacent to an air quality management area (AQMA), or where the development could in itself result in the designation of an AQMA or where the grant of planning permission would conflict with, or render unworkable, elements of a Staffordshire District/Borough Council’s air quality action plans, applications should be supported by such information as is necessary to allow a full consideration of the impact of the proposal on the air quality of the area. Where AQMAs cover regeneration areas, developers should provide an air quality assessment as part of their planning application.
Developments involving significant traffic generation, point sources or the potential to affect biodiversity, particularly European designated sites, are all likely to require an air quality assessment.
Dust Management Where dust is likely to be an issue a Dust Management Scheme will normally be required which sets out the possible dust sources, sensitive receptors, mitigation measures and monitoring arrangements.
Odour Management (including ventilation or extraction equipment) Where odour is likely to be an issue an Odour Management Scheme will normally be required which sets out the possible odour sources, sensitive receptors, mitigation measures and monitoring arrangements.
Where substantial ventilation or extraction equipment is proposed to be installed details of the position and design of ventilation and extraction equipment, including odour abatement techniques and acoustic noise characteristics will be required.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 11: Conserving and enhancing the natural environment – specifically paragraphs 109, 120, 122 and 124)
• The National Planning Policy for Waste (Appendix B (g) air emissions, including dust; (h) odours)
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• Planning Practice Guidance (Air quality and Natural environment - Biodiversity and ecosystems)
• The EU Air Quality Directive 2008
• Air Quality Management Areas explained by Defra. Details of AQMAs can be obtained from the relevant Staffordshire District/Borough Council Environmental Health / Pollution Control Team.
• The Habitats Directive 92/43/EEC
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Guidance found elsewhere in this document including:
o ‘B’ for Biodiversity / Geodiversity Survey and Report o ‘C’ for Construction Environmental Management Plan o ‘E’ for Environmental Statement) o ‘P’ for Pre-application advice Applicants are strongly advised to contact the Staffordshire District/Borough Council Environmental Health / Pollution Control Team, the Environment Agency and Natural England for advice at the pre-application stage (see ‘P’ for Pre-application Advice).
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B
BIODIVERSITY / GEODIVERSITY SURVEY AND REPORT
Where a proposed development may have possible impacts on wildlife and biodiversity, information should be provided on existing biodiversity interests and possible impacts on them to allow full consideration of those impacts. Where proposals include mitigation and/or compensation measures, information to support those proposals will be needed. Where appropriate, accompanying plans should indicate any significant wildlife sites, habitats or features and the location of any protected or priority species and the habitat that they use for resting, breeding, feeding and commuting.
Where development proposals are likely to affect biodiversity interests, applicants should commission a suitably qualified and experienced ecologist to carry out surveys at the appropriate time of the year and to assess the potential impacts of the proposals to avoid harm, to mitigate any unavoidable impacts, to provide appropriate biodiversity enhancements and to recommend long term maintenance and management measures. The assessment should include consideration of the potential effects of artificial lighting.
Surveys should be carried out and assessments should be informed by a records search to include Staffordshire Ecological Record. Survey, assessment and mitigation proposals may form part of an Environmental Statement, where one is necessary. Small scale proposals which include work such as the demolition of buildings or alteration of roof spaces, removal of trees, scrub, hedgerows or other habitats, or alterations to water courses, ponds and other water features may affect protected species and applications will need to provide information on the species, any potential impacts, and mitigation proposals for such impacts.
Ecological surveys should also consider the impact of the proposals on meeting the EU Water Framework Directive objectives particularly where development proposals have a watercourse flowing through the site, either in an open or culverted channel. The assessment following the surveys should consider the current ecological status of the water body (as defined by the Humber or Severn River Basin Management Plans) and identify measures that could be taken to improve its current status and bring it towards it required status. The assessment should also ensure that the development proposals do not pose an obstacle to meeting the management plan targets.
The drivers and for more advice and information refer to:
• The Wildlife and Countryside Act 1981 (as amended);
• The Conservation of Habitats and Species Regulations 2010
• The Protection of Badgers Act 1992
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• The Natural Environment and Rural Communities Act 2006 (section 40 places a duty on all public authorities in England and Wales to have regard, in the exercise of their functions, to the purpose of conserving biodiversity)
• The UK BAP list of priority habitats
• The Biodiversity and Geological Conservation – Statutory obligations and their impact within the planning system
• The National Planning Policy Framework (section 11 - paragraphs 109, 113, 117, 118, 143)
• Planning Practice Guidance (Natural environment – biodiversity and ecosystems)
• The relevant policies in the development plan documents including:
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• The UK Post-2010 Biodiversity Framework
• The Natural Choice: securing the value of nature - Government White Paper (June 2011)
• The Staffordshire Ecological Record
• The Staffordshire Biodiversity Action Plan - 3rd edition
• The EU Water Framework Directive
• Joint Nature Conservation Committee advice re; the Water Framework Directive
• Humber river basin district river basin management plan
• The Humber River Basin Management Plan
• The Severn River Basin Management Plan
• The Churnet Valley Living Landscape
• The Central Rivers Initiative
• Connecting Cannock Chase
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• Staffordshire County Council’s biodiversity survey and assessment - validation checklist and general guidance
• The Chartered Institute of Ecology and Environmental Management (CIEEM) guidelines – including: Guidelines for Ecological Impact Assessment; Guidelines for Preliminary Ecological Appraisal; and, Guidelines for Ecological Report Writing.
• Natural England Discretionary Advice Service if the development is likely to have a direct or indirect impact on an internationally or nationally designated site.
• Natural England Standing Advice in respect of protected species.
• Guidance found elsewhere in this document including:
o ‘A’ for Air quality o ‘C’ for Construction Environmental Management Plan o ‘E’ for Environmental Statement) o ‘L’ for Lighting Assessment o ‘P’ for Pre-application advice
Applicants are strongly advised to contact Staffordshire County Council’s Environmental Advice Team - Principal Ecologist for advice at the pre-application stage (see ‘P’ for Pre- application Advice).
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C
CERTIFICATES
We cannot entertain an application for planning permission unless it is accompanied by the relevant certificates to confirm that the requisite notices of the application have been given to any person (other than the applicant) who on the prescribed date is an owner of the land or a tenant of an agricultural holding.
The drivers and for more advice and information refer to:
• Section 65(5) of the Town and Country Planning Act 1990, read in conjunction with Article 11, Article 13 and Article 14 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO)
• Planning Practice Guidance (Making an application)
• An ownership certificate must be completed to certify that the requisite notice has been given: o Certificate A: when applicant is the sole owner; o Certificate B: when an owner, other than the applicant, is known to the applicant (this certifies that the applicant have given to the other owner(s) / agricultural tenant(s) the requisite notice) o Certificates C and D: used, respectively, when not all or none of the owners of the site are known. • For these purposes an “owner” is anyone with a freehold interest, or leasehold interest, the unexpired term of which is not less than 7 years. • An Agricultural Holdings Certificate is also required, whether or not the site includes an agricultural holding. All agricultural tenants must be notified prior to the submission of the application. This certificate is not required if the applicant is making an application for approval of reserved matters, renewal of temporary planning permission, discharge or variation of conditions, or prior notification. • The Certificates are available as part of the process of completing an application on the Planning Portal except for minerals planning applications (other than for oil and gas development) and in such cases the certificates (and Article 13(1) Public Notice) are available from our Application forms, fees and advice’ web page.
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CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN (CEMP)
A Construction Environmental Management Plan may be required to describe the measures to be taken during the site preparation, demolition and construction phases of the development in order to avoid, minimise or mitigate any potentially adverse effects on the environment, the transport network or the local community.
For large development projects, perhaps requiring an Environmental Statement (ES), the CEMP will bring together into one document the wide range of measures proposed to control the effects of the development during the initial site preparation, demolition and construction stages prior to the development being brought in to use, described in the ES or other supporting documents. In some cases, for example when the contractor has not been appointed at the planning application stage, an Outline CEMP may be appropriate. In such cases it would be reasonable and necessary to impose a condition to require the detailed CEMP to be submitted and approved prior to the commencement of the development. For very large projects, the CEMP may be regarded as a living document and details submitted and approved prior to the commencement in each phase of the development.
For smaller projects, or when there is an urgent requirement to commence the development following the grant of planning permission, a detailed CEMP should accompany the planning application.
Typically the CEMP should include but may not be limited to details related to the following matters:
a) Site waste management including details of the amount and type of waste that is likely to arise and how this waste would be recycled, re-used, or disposed of; b) Communications with neighbouring residents, businesses and road users, e.g. a considerate construction/contractor method statement to regularly inform and update neighbours about the progress of the works being undertaken and the measures to be employed to deal with complaints; c) Construction hours and days including any operations planned to take place during the night, or at weekends related to the external operations (and internal operations if applicable); d) Measures to minimise and control the effects on air, soil, water and local amenity, including details of: temporary drainage and lighting; and, the measures to control noise (including vehicle reserving alarms), vibration, dust and burning on site; e) Measures to control noise and vibration which should comply with the latest British Standard (BS5228: Noise Control on Construction and Open Sites)
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The drivers and for more advice and information refer to:
• The National Planning Policy Framework aims to achieve sustainable development by promoting sustainable transport (section 4), good design (section 7), healthy communities (section 8), the conservation and enhancement of the natural environment (section 11) and the conservation and enhancement of the historic environment (section 12). The activities carried out during the site preparation and construction phases of the development are an important part of achieving sustainable development.
• The National Planning Policy for Waste – ‘Determining planning applications’ paragraph 8, bullet point 3 aims to ensure that:
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‘the handling of waste arising from the construction and operation of development maximises reuse/recovery opportunities, and minimises off-site disposal’.
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• British Standard 5837:2012 ‘Trees in relation to design, demolition and construction’ • Designing Buildings Wiki – Construction environmental management plan web page provides a straight forward explanation of the nature and purpose of a CEMP.
• Guidance found elsewhere in this document including:
o ‘A for Air Quality Assessment – Dust o ‘B’ for Biodiversity / Geodiversity Survey and Report o ‘F’ for Flood Risk Assessment and Sustainable Drainage Scheme / Strategy o ‘H’ for Heritage Statement o ‘L’ for Land Contamination Assessment o ‘L’ for Lighting Assessment o ‘N’ for Noise Assessment o ‘P’ for Pre-application advice o ‘S’ for Site Waste Management Plan / Waste Audit o ‘S’ for Statement of Community Involvement o ‘T’ for Transport, Access, Parking and Travel Plan Considerations o ‘T’ for Tree Survey / Arboricultural Implications
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COUNTY DEVELOPMENT STATEMENT
Information about the development proposals should be provided on the application form and may be provided in various supporting documents. A County Development Statement, which should accompany all planning applications for county developments, is an opportunity to provide a supporting statement which addresses a wide range of matters including but not necessarily limited to those listed below: a) the background to the development proposals; b) the alternatives that were considered (if not provided as part of an Environmental Statement); c) the significance of the timing of the planning application (if any); d) the intended commencement date and phasing of the development if applicable* (if not provided separately – see ‘D’ for Design and Access Statement); e) the commissioning officer who would be responsible for compliance with any conditions attached to the planning permission or undertakings secured as part of a Memorandum of Understanding; f) the contribution that the development would make to the local community e.g. school places; g) the contribution that the development would make to the local economy e.g. new jobs, security for existing jobs, business rates, and investment and spending in the local economy (if not provided separately – see ‘E’ for Economic Statement); h) the applicant’s interest in the land, including any adjoining or nearby land and/ or the applicant’s interest in the funding of the project; i) the pre-application discussions and changes to the proposals that resulted from those discussions (if not provided separately - see ‘S’ for Statement of Community Involvement); j) the design / operational considerations to achieve and maintain high environmental standards (e.g. BREEAM or environmental management systems operated by the applicant); k) an explanation of the operating hours if they will vary by day / week / month / season; l) an explanation of the traffic movements if they will vary by day / week / month / season (if not provided separately – see ‘T’ for Transport, Access, Parking and Travel Plan
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Considerations); m) the effects of climate change (if not provided separately – see ‘D’ for Design and Access Statement and ‘P’ for Planning Statement); and, n) planning obligations that the applicant is willing to enter into as part of a Memorandum of Understanding (if not provided separately - see ‘P’ for Planning Obligations).
*Commencement of the development Planning permission would normally be expected to commence within 3 years of the date that planning permission is granted. If it is anticipated that the development will not commence within 3 years of the date of planning permission or the submission of reserved matters/details will require more time, then please explain in the development statement how much time would be required and why this is necessary in this case.
Applications for temporary permission and applications to not to comply with a condition (to vary a condition) (‘Section 73 applications’) If you intend to make an application for temporary planning permission please explain why in the development statement and identify the period of time that the permission is required / date when the permission should expire.
If you intend to make a Section 73 application please specify the relevant planning permission and condition(s) you are seeking to not comply with / vary and explain in the development statement the proposed alternative wording (where appropriate) and reasons for the change.
The drivers and for more advice and information refer to:
• The Town and Country Planning General Regulations 1992.
Regulation 3 to the Town and Country Planning General Regulations 1992 allows the County Council to determine planning applications to develop land / property in their ownership or control either on their own or jointly with another party (commonly referred to as Regulation 3 development / ‘Reg 3 development’ / county development. In such cases the application should be made to and determined by the County Council.
Examples of county developments include: new schools, extensions to schools; libraries; roads, bridges and other transport infrastructure; and, household waste recycling centres.
A planning application for a county development must be made by a person who has delegated authority to do so on behalf of the County Council, in accordance with the County Council's Scheme of Delegation.
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The County Council’s Strategic Planning Advice Team are responsible for submitting planning applications for county developments and have prepared guidance for schools and private architects to assist them in the preparation of information that they will need before submitting a planning application (see A to Z of Planning – ‘C’ for County Developments).
• The National Planning Policy Framework aims to achieve sustainable development by: building a strong, competitive economy (section 1); supporting a prosperous rural economy (section 3); promoting sustainable transport (section 4); requiring good design (section 7); promoting healthy communities (section 8); conserving and enhancing the natural environment (section 11); and, conserving and enhancing the historic environment (section 12).
• Planning Practice Guidance
• Government statement (Planning for schools development - August 2011)
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026; o the Minerals Local Plan for Staffordshire 2015 to 2030; o the Staffordshire District / Borough Council Local Plans; and, o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums. • Staffordshire County Council’s Climate Change Strategy
• BREEAM – the Building Research Establishment Environmental Assessment Method
• Defra’s waste facility design advice published in conjunction with CABE in 2008.
• Guidance found elsewhere in this document including:
o ‘C’ for Construction Environmental Management Plan o ‘D’ for Design and Access Statement o ‘E’ for Economic Statement o ‘E’ for Environmental Statement o ‘M’ for Mineral Safeguarding Statement o ‘O’ for OpenSpace and / or Playing Pitch Assessment o ‘P’ for Planning Obligations o ‘P’ for Planning Statement o ‘P’ for Plans, Photographs and Drawings o ‘P’ for Pre-application advice
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D
DAYLIGHT / SUNLIGHT ASSESSMENT
In circumstances where there is a potential adverse impact upon the current levels of daylight/sunlight enjoyed by adjoining properties or building(s), including associated gardens or amenity space then applications will need to be accompanied by a daylight/sunlight assessment.
For new building proposals of more than 2 storey (equivalent height) close to dwellings or workplaces, the application drawings should include cast-shadow modelling for 10 a.m. and 2:30 p.m. November 15th sun (taking topography into account if site and surroundings are not flat).
A right to light will come into existence if it has been enjoyed uninterrupted for 20 years or more, or granted by deed, or registered under the Rights of Light Act 1959. There are no legally laid-down minimum distances between buildings, or acceptable angles of shadow. One of the roles of the planning system is to protect the amenities of householders (not necessarily their long or middle-distance views), and amenity includes a reasonable level of natural light. Disputes about Rights of Light are matters of property law however, not planning law.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 7 - Requiring good design) • Planning Practice Guidance (Design) • The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4); o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4); o the Staffordshire District / Borough Council Local Plans; and, o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Guidance related to space about dwellings standards and standards about extensions to dwellings may be contained in technical appendices or supplementary planning documents that accompany the development plan documents. The policies and guidance require account to be taken of the potential loss of sunlight and daylight to windows. In some cases a more detailed technical analysis will be required, incorporating details of how any potential adverse impacts upon the levels of sunlight/
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day lighting enjoyed by occupiers of adjoining properties and building(s) and future occupiers in the proposed development itself, have been addressed.
• The DCLG archived factsheet 3: ‘overshadowing,’ (June 2004) • The Building Research Establishment’s (BRE) guidelines on daylight assessments, for example, Site layout planning for daylight and sunlight: a guide to good practice - BRE Report 209, (second edition 2011).
• Guidance found elsewhere in this document including:
o ‘L’ for Lighting Assessment
DESIGN AND ACCESS STATEMENT
A Design and Access Statement should accompany all planning applications which are for: a) major developments b) developments in a designated area (for one or more dwellings or buildings with a floor space of 100 square metres or more)
In this context:
"major development" means: a) the winning and working of minerals or the use of land for mineral-working deposits; (note the exclusion below) b) waste development; (note the exclusion below) c) the provision of dwellinghouses where: (i) the number of dwellinghouses to be provided is 10 or more; or (ii) the development is to be carried out on a site having an area of 0.5 hectares or more and it is not known whether the development falls within sub-paragraph (c)(i); d) the provision of a building or buildings where the floor space to be created by the development is 1,000 square metres or more; or e) development carried out on a site having an area of 1 hectare or more;
"designated area" means a conservation area or a World Heritage Site .
“waste development” means any operational development designed to be used wholly or mainly for the purpose of, or material change of use to, treating, storing, processing or disposing of refuse or waste materials.
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A Design and Access Statement is not required for: a) a section 73 application not to comply with (to vary) a condition(s) of a planning permission b) an application where the development has not yet begun; and an application for outline permission which has not expired. c) engineering or mining operations d) a material change in use of the land or buildings e) waste development
The Design and Access Statement should explain: a) the design principles and concepts that have been applied to the development b) the steps taken to appraise the context for the development and how this has been taken into account c) the policy adopted as to access and how local planning policies relating to access have been taken into account d) what consultations, if any, on issues related to the access to the development have been carried out and what account was taken of the consultation responses e) how any specific issues which might affect access have been addressed.
In summary, the Design and Access Statement (DAS) should be one statement covering design concepts and principles and access issues. The DAS should demonstrate an integrated approach the delivery of inclusive design, and address the full range of access requirements throughout the design process. The level of detail required in a DAS will depend on the scale and complexity of the development, and the length of the statement will vary accordingly.
The design component should describe the design principles and concepts - specifically:
• the amount; • the layout; • the scale; • landscaping; and, • the appearance of the development.
This part of the statement should demonstrate how the assessment of the site; involvement of consultees and the local community; the evaluation of the information collected about the site and constraints; have all been brought together to influence the design. An explanation of how local context has influenced the design is also an important part of a DAS.
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The access component should describe the means of access to the development (not internal aspects of buildings). The statement should demonstrate: a) how all users will have equal and convenient access to buildings, spaces and the public transport network; b) how the development can adapt to change; c) how policies in the development plan documents have been taken into account; d) consultation considerations that have been taken into account; and, e) access for emergency services.
The drivers and for more advice and information refer to:
• The Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO) (Part 3, Article 9) identifies the types of application that must be accompanied by a Design and Access Statement (DAS).
• The National Planning Policy Framework (section 7: Requiring good design).
• Planning Practice Guidance (Design)
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Notwithstanding the fact that a DAS is not required for waste developments, the design of waste management facilities is an important consideration (ref. the National Planning Policy for Waste (paragraph 7 - 4th bullet point and Appendix B – locational criteria) and our Waste Local Plan policy 4.1 ‘Sustainable design’).
• Defra’s waste facility design advice published in conjunction with CABE in 2008.
• The National Planning Policy for Waste (paragraph 8) and our Waste Local Plan (policies 1.2 and 2.5) also refer to:
a) the need to consider the likely impact of non-waste related development on existing waste management facilities or sites allocated for waste management;
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b) the importance of good design to secure the integration of waste management facilities with development and, in less developed areas, with the local landscape; and,
c) the handling of waste arising from construction and operation of development maximises reuse/recovery opportunities and minimises off-site disposal.
• Guidance found elsewhere in this document including:
o ‘C’ for County Development Statement o ‘T’ for Transport, Access, Parking and Travel Plan Considerations
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E
E-PLANNING; ELECTRONIC APPLICATIONS
We recommend that waste and county development applications are submitted electronically using the standard application forms available from the Planning Portal and comply with the requirements set out below.
As there is no standard application form for mineral development on the Planning Portal (other than for oil and gas development and Section 73 applications) applications should be made using the application form, notices and certificates available from our ‘Application forms, fees and advice’ web page. We recommend that such applications are also made electronically and comply with the requirements set out below.
The drivers and for more advice and information refer to: o The Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO): Article 7 explains the general requirements for applications for planning permission; and Article 7(6) states that:
Where an application is made using electronic communications to transmit a form to the local planning authority, the applicant is taken to have agreed: (a) to the use of such communications by the local planning authority for the purposes of the application; (b) that the applicant’s address for those purposes is the address incorporated into, or otherwise logically associated with, the application; and (c) that the applicant’s deemed agreement under this paragraph subsists until the applicant gives notice in writing of the withdrawal of consent to the use of electronic communications under Article 7. o The Planning Portal
The Planning Portal does not currently provide a standard minerals planning application form (other than for oil and gas development and Section 73 applications). Therefore, in accordance with Article 7(4), we have provided a minerals planning application form which should be used. o Staffordshire County Council’s ‘Application forms, fees and advice’ web page o The Planning Portal standards for on-line submission of electronic planning documents should be followed in all such cases. The standards are as follows:
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o File sizes . The recommended maximum size for a single electronic file is 5 Megabytes. . The maximum file size (the sum of document file sizes) for online submission is 25 Megabytes. . Planning Applications exceeding 25 Megabytes should be submitted offline using CD/DVD/Memory Stick or on paper.
o File format . PDF is the only file format we accept for electronic documents (including plans, photographs and scanned images) to ensure that they are accessible to all when published on our web site. . All drawings should be saved in single layers. . All drawings should specify the printing page size for which the scale applies. . All drawings should be correctly oriented for on-screen display and show the direction of North. . Scanned documents should be a minimum of 200 dpi (dots per inch) resolution for Black and White and 100 dpi for colour. . All drawings should include a Scale Bar and Key Dimensions. . All photographs should be no larger in size than 15cm x 10cm. . Post processing that fundamentally alters the original document should not be used on any electronic document.
o File naming . All documents and plans should be named to correspond with the title of the document or plan which should use plain English. For example Location Plan (dwg no 001-001 Rev A); Planning Statement or Design and Access Statement etc. o Guidance found elsewhere in this document including: o ‘P’ for Plans, Photographs and Drawings o ‘V’ for Validation
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ECONOMIC STATEMENT
Applications for major development should provide an economic statement to demonstrate the direct and indirect economic / financial benefits of the proposed development including: details of any new jobs that might be created or supported; the relative floor space totals for each proposed use (where known); any community benefits; and any ‘local finance considerations’ and ‘other financial benefits’ (including Community Infrastructure Levy, additional revenue from council tax and business rates, Section 106 payments, as well as grants from central government).
The drivers and for more advice and information refer to:
• The Localism Act 2011 (Part 6, Chapter 7, Section 143) amends the Town and Country Planning Act 1990 to include ‘any local finance considerations’ as part of the material considerations that may be taken into account when determining a planning application.
• The DCLG technical consultation on implementation of planning changes (February 2016) – chapter 9
• National Planning Policy Framework (section 3: Building a strong, competitive economy)
• Planning Practice Guidance – Determining planning applications - When should a ‘local finance consideration’ be taken into account as a material planning consideration? (paragraph 011)
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Guidance found elsewhere in this document including:
o ‘C’ for County Development Statement o ‘E’ for Environmental Statement o ‘M’ for Mineral Development Statement o ‘W’ for Waste Development Statement
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ENVIRONMENTAL STATEMENT
An Environmental Statement (ES) must accompany certain types of development. In circumstances when an ES is required, separate statements referred to in this A to Z Guide will not be required if they form a part of the ES.
If the application is accompanied by an ES please provide contact details about who to write to in order to obtain a copy of the ES and the charge, including post and packing. Where appropriate include a web site address where the ES can be viewed and an address in the locality where a copy of the ES can be inspected.
The drivers and for more advice and information refer to:
• The EU Environmental Impact Assessment Directive 2011
• The Town and Country Planning (Environmental Impact Assessment) Regulations 2017
• Planning Practice Guidance (Environmental Impact Assessment)
• When an ES is required, Schedule 4 to the 2017 regulations sets out the information that should be included. The information in the ES and any environmental information subsequently received will be taken into consideration when Staffordshire County Council determines the application.
• It may be helpful for a developer to request a ‘screening opinion’ (i.e. to determine whether ES is required) and a ‘scoping opinion’ (i.e. to determine the scope of the ES) from Staffordshire County Council before submitting a planning application. In accordance with Regulation 6 and Regulation 15, requests for screening and scoping opinions should be made in writing, accompanied by sufficient detail to allow us to determine the need for or scope of an the ES to accompany a planning application.
• Archived Government advice about Environmental Impact Assessment
• All the guidance found elsewhere in this document may be relevant.
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F
FEE
Planning applications and other submissions cannot be entertained without payment of the correct fee.
Receipt of a cheque or an electronic payment for the correct fee will be taken as payment.
County development applications
All planning applications for county development must be accompanied by the General Ledger Code / GL Code together with the Cost Centre Code and / or the Work Breakdown Schedule / WBS Element to enable to the application / submission fee to be paid via an internal financial transaction.
The drivers and for more advice and information refer to:
• Article 11 (2)(f) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO) requires the fee to be provided in respect of the application before it can be acknowledged as received.
• Staffordshire County Council’s Application forms, fees and advice web page
• The Planning Portal’s fee calculator and fee guide
• Guidance found elsewhere in this document including:
o ‘V’ for Validation
FLOOD RISK ASSESSMENT AND SUSTAINABLE DRAINAGE SCHEME / STRATEGY
Flood Risk Assessment A site-specific Flood Risk Assessment (FRA) is required for:
• all proposals of 1 hectare or greater in Flood Zone 1;
• all proposals for new development (including minor development and change of use) in Flood Zones 2 and 3, or in an area within Flood Zone 1 which has critical drainage problems (as notified to the local planning authority by the Environment Agency); and,
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• where proposed development or a change of use to a more vulnerable class may be subject to other sources of flooding.
Sustainable Drainage Scheme / Strategy A Sustainable Drainage Scheme / Strategy is required for all ‘major development’ proposals to ensure that sustainable drainage systems for the management of run-off would be put in place, unless it can be demonstrated that a scheme/strategy is not necessary or that there is a more appropriate solution (see SuDS Handbook and Appendices referred to below).
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (‘the NPPF’)(section 10: Meeting the challenge of climate change, flooding and coastal change) states that:
‘Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere’; (paragraph 100) and,
‘When determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere and only consider development appropriate in areas at risk of flooding where, informed by a site-specific flood risk assessment following the Sequential Test*, and if required the Exception Test*, it can be demonstrated that:
o within the site, the most vulnerable development is located in areas of lowest flood risk unless there are overriding reasons to prefer a different location; and
o development is appropriately flood resilient and resistant, including safe access and escape routes where required, and that any residual risk can be safely managed, including by emergency planning; and it gives priority to the use of sustainable drainage systems’ (paragraph 103) (* Note: The NPPF (section 10 – paragraphs 100 to 104 explain the application of the Sequential Test and the Exception Test) • An objection by the Environment Agency will mean that before the decision to grant planning permission for any major development in a flood risk area can be issued, the County Council must consult the Secretary of State for Communities and Local Government in accordance with the requirements of the Town and Country Planning (Consultation)(England) Direction 2009.
• ‘major development’ proposals are defined in Article 2 to the Town and Country Planning (Development Management Procedure) (England) Order 2015 (see ‘D’ for Design Access Statement)
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• Planning Practice Guidance (Flood risk and coastal change)
• The National Planning Policy for Waste (Appendix B (a) protection of water quality and resources and flood risk management)
• Written Statement made by: The Secretary of State for Communities and Local Government (Mr Eric Pickles) on 18 Dec 2014.
• Guidance on Flood Risk Assessment for planning applications
• Flood zones - definitions
• Environment Agency flood maps for planning
• Environment Agency standing advice
• The Floods and Water Management Act 2010 – established the Sustainable Drainage Systems Approving Bodies
• Staffordshire County Council’s Flood Risk Management Team (‘the Lead Local Flood Authority’(LLFA) – ‘Information for Planners and Developers’ including the SuDS Handbook and Appendices (including Appendix A – Surface Water Drainage Proforma and Appendix C – Hydraulic Model Parameters)
• The Lead Local Flood Authority ‘Local Flood Risk Management Strategy’
• Staffordshire County/ District / Borough Council’s Strategic Flood Risk Assessments – refer to the relevant council planning policy web page – available via the County Council’s ‘development plan’ page
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
Applicants are strongly advised to contact Staffordshire County Council’s Flood Risk Management Team and the Environment Agency for advice at the pre-application stage (see ‘P’ for Pre-application Advice).
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FOUL SEWAGE AND UTILITIES ASSESSMENT
All new buildings need separate connections to foul and storm water sewers. If an application proposes to connect a development to the existing drainage system then details of the existing system should be shown on the application drawing(s). It should be noted that in most circumstances surface water will not be permitted to be connected to the public foul sewers.
Where the development involves the disposal of trade waste or the disposal of foul sewage effluent other than to the public sewer, then a fuller Foul Drainage Assessment will be required including details of the method of storage, treatment and disposal. A Foul Drainage Assessment should include a full assessment of the site, its location and suitability for storing, transporting and treating sewage. Where connection to the mains sewer is not practical, then the foul/non-mains drainage assessment will be required to demonstrate why the development cannot connect to the public mains sewer system and show that the alternative means of disposal are satisfactory. .
If the proposed development results in any changes/replacement to the existing system or the creation of a new system, scale plans of the new foul drainage arrangements will also need to be provided. This will include a location plan, cross sections/elevations and specification. Drainage details that will achieve Building Regulations Approval will be required. If connection to any of the above requires crossing land that is not in the applicant’s ownership, other than on a public highway, then notice may need to be served on the owners of that land.
An application should indicate how the development connects to existing utility infrastructure systems. Most new development requires connection to existing utility services, including electricity and gas supplies, telecommunications and water supply, and also needs connection to foul and surface water drainage and disposal. Accordingly, two planning issues arise; firstly, whether the existing services and infrastructure have sufficient capacity to accommodate the supply/service demands which would arise from the completed development, and secondly, whether the provision of services on site would give rise to any environmental or highway impacts, for example, excavations in the vicinity of trees or archaeological remains, or disruption to the highway network.
The applicant should demonstrate:
(a) that, following consultation with the service provider, the availability of utility services has been examined and that the proposals would not result in undue stress on the delivery of those services to the wider community;
(b) that proposals incorporate any utility company requirements for substations, telecommunications equipment or similar structures including proposals for the provision of new utility connections and / or upgrading of existing utility services in the highway
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network where development fronts a traffic sensitive route (note – for details of traffic sensitive routes contact the Highways Development Control Team);
(c) that service routes have been planned to avoid as far as possible the potential for damage to trees and archaeological remains;
(d) where the development impinges on existing infrastructure the provisions for relocating or protecting that infrastructure have been agreed with the service provider;
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (Achieving sustainable development; section 4 – Promoting sustainable transport; section 10 – Meeting the challenge of climate change, flooding and coastal change; section 11 – Conserving and enhancing the natural environment; and, section 12 - Conserving and enhancing the historic environment)
• The EU Water Framework Directive
• The National Policy Statement for Waste Water (2012)
• Planning Practice Guidance (Water supply, wastewater and water quality – specifically the introduction and considerations for planning applications)
• Building Regulations Approved Document Part H and BS6297 provides guidance on what should be included in a non-mains drainage assessment
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Guidance found elsewhere in this document including:
o ‘F’ for Flood Risk Assessment and Sustainable Drainage Scheme / Strategy.
Applicants are strongly advised to contact the relevant utility companies for advice at the pre- application stage (see ‘P’ for Pre-application Advice).
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G
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H
HERITAGE STATEMENT
A Heritage Statement should be prepared where a development has the potential to directly impact on a designated heritage asset (or the setting) (scheduled monument, listed building, conservation area, registered park or registered battlefield) or an area of known archaeological or historical sensitivity (such as the core of a recognised historic settlement or an area of important historic landscape character). The scope and degree of detail necessary in a Heritage Statement will vary according to the particular circumstances of each application.
Where development proposals fall within an area of demonstrably high archaeological potential or would impact upon a significant historic building, pre-application discussions may identify the need to carry out an archaeological evaluation of the land / building(s) prior to making the application. Early discussions can reduce the ‘archaeological risk’ through subsequent planning stages. The results of such early intervention would identify the need for and scope of any further archaeological investigations and potential mitigation by design (through preservation in situ or the design of proposals which minimise the impacts upon the historic environment).
Note: Applications for listed building / conservation area consent are handled separately by the relevant Staffordshire District/Borough Council.
For applications either related to or impacting on the setting of designated heritage assets a written statement that includes plans showing historic features that may exist on or adjacent to the application site including listed buildings and structures, historic parks and gardens, historic battlefields and scheduled monuments and an analysis of the significance of archaeology, history and character of the building/structure, the principles of and justification for the proposed works and their impact on the special character of the designated heritage asset, its setting and the setting of adjacent designated heritage asset may be required.
For applications within or adjacent to a conservation area, the Heritage Statement should include an assessment of the impact of the development on the character and appearance of the area and include an assessment of the views into and out of the conservation area.
For all applications involving the disturbance of ground within an area of archaeological potential as defined in the development plan or in other areas in the case of a major development proposal or significant infrastructure works, an applicant may need to commission a suitably qualified and experienced archaeologist to carry out an assessment of the existing historic environment information in accordance with appropriate standards referred to below and submit the results as part of the Heritage Statement.
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The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 12 - Conserving and enhancing the historic environment)
• Planning Practice Guidance (Conserving and enhancing the historic environment)
• The National Planning Policy for Waste (Appendix B (e) conserving the historic environment)
• Ancient Monuments and Archaeological Areas Act 1979
• The Hedgerow Regulations 1997
• The Hedgerow Regulations 1997: A Guide to the Law and Good Practice.
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Staffordshire County Council’s advice on ‘Historic Buildings and Archaeology’.
• Staffordshire’s Historic Environment Record
• The Heritage Gateway
• Historic England has prepared a specific guide to the range of information required by them to assess the impact of proposals on nationally important historic assets.
• The Chartered Institute for Archaeologists (CIfA) regulations, standards and guidelines including the standards and guidance for Historic Environment Desk-Based Assessment (December 2014 - updated January 2017)
Applicants are strongly advised to contact Staffordshire County Council’s Cultural/ Historic Environment Team, the Staffordshire District/Borough Council Conservation Officer (where a listed building / conservation area may be affected) and Historic England (where nationally important heritage assets may be affected (scheduled monuments, grade I and II* listed buildings, grade I and II* parks and registered battlefields), as appropriate, for advice at the pre-application stage (see ‘P’ for Pre-application Advice).
32 Staffordshire County Council Planning, Policy & Development Control Team
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I, J, K
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L
LAND CONTAMINATION ASSESSMENT
Where contamination can reasonably be expected to be found, the applicant should commission a competent person to prepare a Land Contamination Assessment.
The minimum information that should be provided is a report of the desk study and site reconnaissance that was carried out. The information should be provided to determine the existence or otherwise of contamination, its nature and the risks it may pose and whether these can be satisfactorily reduced to an acceptable level.
Where contamination is known or suspected or the proposed use would be particularly vulnerable, the applicant should provide such information with the application as is necessary to determine whether the proposed development can proceed.
The drivers and for more advice and information refer to:
• The EU Water Framework Directive
• The Environmental Protection Act 1990 (Part 2A: Contaminated Land)
• The National Planning Policy Framework (section 11: Conserving and enhancing the natural environment - specifically paragraph 121)
• The National Planning Policy Framework (Glossary - ‘Site investigation information’ explains that a risk assessment of land potentially affected by contamination, or ground stability and slope stability reports, as appropriate will be required. And that all investigations of land potentially affected by contamination should be carried out in accordance with established procedures (such as BS10175 (2001) Code of Practice for the Investigation of Potentially Contaminated Sites).
• The National Planning Policy for Waste (Appendix B (a) protection of water quality and resources and flood risk management)
• Planning Practice Guidance (Land affected by contamination)
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
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o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• The Environment Agency provides guidance on land contamination reports, including the risk management framework in ‘Model Procedures for the Management of Land Contamination’ (Environment Agency CLR11, 2004).
Applicants are strongly advised to contact the relevant Staffordshire District/Borough Council Environmental Health / Pollution Control Team and the Environment Agency for advice at the pre-application stage (see ‘P’ for Pre-application Advice)..
LANDSCAPING DETAILS AND/OR LANDSCAPE AND VISUAL ASSESSMENT
The impact of proposed development on the local landscape and the mitigation measures incorporated into a landscape scheme are often key considerations in many planning applications.
Landscaping details Applicants should provide appropriate hard and soft landscaping details, including details of existing and proposed levels, paving treatments and materials, habitat restoration as appropriate, planting species, densities and age of specimens at planting. Long term maintenance and landscape management should also be addressed. Reference should be made to detailed landscaping proposals which follow from the design concept in the Design and Access Statement, if required. Existing trees and other vegetation should, where practicable, be retained in new developments and protected during the construction of the development. Plans and drawings should be accompanied by schedules of details as appropriate.
Landscape and Visual Assessment A Landscape and Visual Impact Assessment should be submitted for all large scale proposals and smaller scale proposals in prominent or sensitive locations. The assessment, carried out by a competent person using appropriate standards, should consider the existing landscape form and features, including the wider setting as appropriate, and describe how the proposal will pay due regard to and integrate with the existing landscape. The assessment should where appropriate be accompanied by: sketches; drawings, showing as appropriate; contours, spot heights, sections, vegetation cover and other features; photographs accompanied by a plan showing the locations and directions where they were taken from; and/or, computer generated images / visualisations including 2D photomontages, 3D models, wirelines and Augmented Reality (the level of accuracy should be clearly stated).
35 Staffordshire County Council Planning, Policy & Development Control Team
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The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 7: Requiring Good Design and section 11: Conserving and enhancing the natural environment)
• The National Planning Policy Framework (section 11: Conserving and enhancing the natural environment – specifically paragraphs 115 and 116 which explain that in the following areas applicants will need to demonstrate that they have given particular consideration to the impact of the proposals on the landscape:
o Cannock Chase Area of Outstanding Natural Beauty (AONB)
Cannock Chase AONB is a nationally designated area, confirmed by government as having the highest status of protection in relation to landscape and scenic beauty. The conservation of the natural beauty of the landscape and countryside is therefore given great weight in development control decisions in this area and there is a protocol in place to clarify the planning consultation arrangements between the relevant local planning authorities and the AONB Joint Committee. The relevant development plan documents reflect the importance of this area. The AONB management plan also contains detailed planning policies (policies 34 and 36) and should inform planning applications.
o The National Forest and the Forest of Mercia
Planning applications within the National Forest and Forest of Mercia areas should take account of the relevant development plan policies that reflect the importance of these areas and more specifically the tree planting requirements in the National Forest Strategy and the Forest of Mercia Plan.
• Planning Practice Guidance (Natural Environment - Landscape)
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Staffordshire County Council’s ‘Planning for Landscape Change’ provides an assessment of the whole of the Staffordshire landscape, sub-dividing the landscape into areas of similar character, or Landscape Character Types.
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• The Landscape Institute Guidelines for Landscape and Visual Impact Assessment - Third Edition (2013) (GLVIA3) and Guidance Note 02-17 Visual Representation (March 2017)
• Guidance found elsewhere in this document including:
o ‘D’ for Design and Access Statements o ‘E’ for Environmental Statement o ‘P’ for Plans, Drawings and Photographs o ‘T’ for Tree Survey and Protection Plan
Applicants are strongly advised to contact Staffordshire County Council’s Environmental Advice Team Principal Landscape Officer for advice at the pre-application stage (see ‘P’ for Pre-application Advice).
LAWFUL DEVELOPMENT CERTIFICATES
The system of ‘lawful development certificates’ enables local planning authorities, when the appropriate conditions are satisfied in each case, to grant a certificate to confirm that:
(1) an existing use of land, or some operational development, or some activity in breach of a planning condition, is lawful; or
(2) a proposed use of buildings or other land, or some operations proposed to be carried out in, on, over or under land, would be lawful for planning purposes.
The application should be made using the standard form on the Planning Portal.
The drivers and for more advice and information refer to:
• The Town and Country Planning Act 1990 – sections 191 and 192
• Planning Practice Guidance (Lawful Development Certificates)
• Guidance found elsewhere in this document including:
o ‘E’ for E-planning, Electronic applications o ‘P’ for Pre-application advice o ‘V’ for Validation Applicants are strongly advised to contact the Planning Regulation Team for advice at the pre-application stage (see ‘P’ for Pre-application Advice).
37 Staffordshire County Council Planning, Policy & Development Control Team
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LIGHTING ASSESSMENT
Proposals involving the provision of publicly accessible developments, in the vicinity of residential property, a listed building or a conservation area, open countryside, and sensitive wildlife habitats where external lighting would be provided or made necessary by the development, should be accompanied by a layout plan, light spillage, hours of illumination, light levels, column heights, specification and colour of fixtures and fittings, and, means of shielding to achieve the right light, in the right place and provided at the right time.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 7: Requiring Good Design and section 11: Conserving and enhancing the natural environment – paragraph 125)
• Planning Practice Guidance (Light pollution – specifically When is light pollution relevant to planning? and What factors are relevant when considering possible ecological impact?)
• Planning Practice Guidance (Design – How should buildings and spaces between them be considered?)
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policy 4);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• DCLG archived guidance ‘Lighting in the Countryside – towards good practice’ (1997) explains what can be done to lessen the effects of external lighting, including street lighting and security lighting. The advice is applicable in towns as well as the countryside.
• www.abacuslighting.com/ for general advice about sports pitch lighting
• BS EN 12193:2007 Light and Lighting – Sports Lighting
• Guidance Notes for the Reduction of Obtrusive Light (2012) published by the Institute of Lighting Professionals
38 Staffordshire County Council Planning, Policy & Development Control Team
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• The Royal Commission on Environmental Pollution report - Artificial Light in the Environment (November 2009)
• Guidance found elsewhere in this document including:
o ‘B’ for Biodiversity / Geodiversity Survey and Report
39 Staffordshire County Council Planning, Policy & Development Control Team
An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017))
M
MINERAL DEVELOPMENT STATEMENT
A Mineral Development Statement, which should accompany all applications for mineral development, is an opportunity to provide a supporting statement which addresses a wide range of matters including but not necessarily limited to those listed below:
The development statement should include but may not be limited to details of the following a) the applicant’s business; b) the background to the development proposals; c) the alternatives that were considered (if not provided as part of an Environmental Statement); d) the significance of the timing of the planning application (if any); e) the intended commencement date and phasing of the development if applicable* f) the opportunity to review conditions and / or consolidate existing permissions ** g) the contribution that the development would make to the business; h) the contribution that the development would make to the local economy e.g. new jobs, security for existing jobs, business rates, and investment and spending in the local economy (if not provided separately – see ‘E’ for Economic Statement); i) the applicant’s interest in the land and minerals, including any adjoining or nearby land and minerals; j) the pre-application discussions and changes to the proposals that resulted from those discussions (if not provided separately - see ‘S’ for Statement of Community Involvement); k) the design / operational considerations to achieve and maintain high environmental standards (e.g. environmental management systems operated by the applicant); l) an explanation of the operating hours if they will vary by day / week / month / season; m) an explanation of the traffic movements if they will vary by day / week / month / season (if not provided separately – see ‘T’ for Transport, Access, Parking and Travel Plan
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Considerations); n) the effects of climate change (if not provided separately see ‘P’ for Planning Statement); o) the results of mineral exploration to prove the extent and quality of the mineral resource and information about quality and quantity of the remaining mineral reserve where applicable; p) the proportion of mineral to be extracted that will be treated as mine waste; q) the market for the mineral(s) in terms of use and geographic extent; r) the duration and phasing of mineral extraction, backfill and/ or final restoration operations; s) the nature and significance of any ancillary operations e.g. processing and blending of the mineral to add value and marketability; t) the safeguards to guarantee that the land is restored at the earliest opportunity to achieve high environmental standards e.g. to address the need for a restoration guarantee bond; u) the intended after-use of the land and how that use would be sustained beyond the statutory 5 year aftercare period; v) planning obligations that the applicant is willing to enter into either as unilateral undertakings or as part of a Section 106 Legal Agreement e.g. to agree to: consolidate the permissions**; arrange liaison committee meetings; comply with traffic routes; extend the aftercare period; secure a restoration guarantee bond; or transfer the land at the end of a specified period.
*Commencement of the development Planning permission would normally be expected to commence within 3 years of the date that planning permission is granted. If it is anticipated that the development will not commence within 3 years of the date of planning permission or the submission of reserved matters/details will require more time, then please explain in the development statement how much time would be required and why this is necessary in this case.
Applications for temporary permission and applications to not to comply with a condition (to vary a condition) (‘Section 73 applications’) If an application for temporary planning permission is sought then please explain why in the development statement and identify the period of time that the permission is required / date when the permission should expire.
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If a Section 73 application is made seeking planning permission to not comply with / to vary a condition then please specify the relevant planning permission and condition(s) and explain the proposed alternative wording (where appropriate) and reasons for the change in the development statement.
**Consolidating application If there is an/are existing planning permission(s) affecting the site that could be replaced or updated if this proposal was granted planning permission, please confirm whether or not you and anyone else with an interest in the land would be willing to sign a planning obligation to agree not to implement / further implement the existing permission(s) in return for a consolidating permission in the development statement (if not provided separately - see ‘P’ for Planning Obligation).
Freestanding, concreting or coating plants Applications for planning permission for freestanding, concreting or coating plants (i.e. not plant located on land adjoining sites used for the working or transport of minerals) should be made on a Planning Portal application form and submitted for the determination of the relevant district or borough council. If in doubt, you are advised to consult the relevant Staffordshire District/Borough Council.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 13: Facilitating the sustainable use of minerals, and specifically paragraph 144)
• Planning Practice Guidance (Minerals)
• The relevant policies in the development plan documents:
o the Minerals Local Plan for Staffordshire 2015 to 2030;
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026;
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Guidance found elsewhere in this document including:
o ‘C’ for Construction Environmental Management Plan o ‘E’ for Economic Statement o ‘E’ for Environmental Statement o ‘P’ for Planning Obligations o ‘P’ for Planning Statement
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o ‘P’ for Plans, Photographs and Drawings o ‘P’ for Pre-application advice o ‘S’ for Statement of Community Involvement o ‘T’ for Transport, Access, Parking and Travel Plan Considerations o ‘V’ for Validation Applicants are strongly advised to contact the Planning, Policy and Development Control Team for advice at the pre-application stage (see ‘P’ for Pre-application Advice).
MINERAL SAFEGUARDING STATEMENT
Staffordshire County Council will not normally permit development in Mineral Safeguarding Areas (MSAs) identified in the Minerals Local Plan for Staffordshire or on or near to mineral infrastructure sites permitted by the Staffordshire County Council or the Staffordshire Borough/District Councils where the development might constrain the existing or future mineral operations.
In such circumstances the application should be accompanied by a Mineral Safeguarding Statement, prepared by a specialist, which demonstrates the implications of the proposals on: a) permitted mineral reserves or mineral site allocations; b) mineral resources in mineral safeguarded areas; and, c) mineral infrastructure sites.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 13 - Facilitating the sustainable use of minerals - paragraph 144 (bullet 7))
• Planning Practice Guidance (Minerals – 2. Mineral Safeguarding)
• The Minerals Local Plan for Staffordshire 2015 to 2030 (Policy 3 and the supporting text; the Policies and Proposals Map which identifies the mineral safeguarding areas; and, Appendix 6 which identifies the exemptions to the Policy);
• Staffordshire County Council’s ‘Map search’ web page shows the location and extent of permitted mineral reserves, mineral site allocations, mineral safeguarding areas and safeguarded mineral infrastructure sites.
• Guidance found elsewhere in this document including:
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o ‘E’ for Environmental Statement o ‘P’ for Pre-application advice Applicants are strongly advised to discuss their proposals with the mineral operator (where applicable) and contact the Planning, Policy and Development Control Team for advice at the pre-application stage (see ‘P’ for Pre-application Advice).
44 Staffordshire County Council Planning, Policy & Development Control Team
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N
NOISE ASSESSMENT
Applications for developments that raise issues of disturbance by noise to the occupants of nearby existing buildings, and for developments that are considered to be noise sensitive and which are close to existing sources of noise should be supported by a noise assessment prepared by a suitably qualified acoustician. The noise assessment should include appropriate noise mitigation measures.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 11: Conserving and enhancing the natural environment – specifically paragraph 109 which states that both new and existing development should not contribute to or be put at unacceptable risk from, or being adversely affected by unacceptable levels of … noise pollution. Also paragraph 123 which states that planning policies and decisions should aim to:
o avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development;
o mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions;
o recognise that development will often create some noise and existing businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established; and
o identify and protect areas of tranquillity which have remained relatively undisturbed by noise and are prized for their recreational and amenity value for this reason.
• Planning Practice Guidance (Noise) • Planning Practice Guidance (Minerals: Noise Emissions) • World Health Organisation Guidelines for Community Noise 1999 • World Health Organisation Night Noise Guidelines for Europe 2009 • BS4142: 2014 Methods for rating and assessing industrial and commercial sound • BS 5228-1:2009+A1:2014 Code of practice for noise and vibration control on construction and open sites - Part 1: Noise
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An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017))
• BS 5228-2:2009+A1:2014 Code of practice for noise and vibration control on construction and open sites - Part 2: Vibration
• BS8233:2014 Guidance on sound insulation and noise reduction for buildings • The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policies 4 and 6);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Guidance found elsewhere in this document including:
o ‘C’ for Construction Environmental Management Plan
Applicants are strongly advised to contact Staffordshire County Council’s Noise Engineer c/o the Planning, Policy and Development Control Team and the relevant Staffordshire District / Borough Council Environmental Health / Pollution Control Team for advice at the pre- application stage (see ‘P’ for Pre-application Advice).
46 Staffordshire County Council Planning, Policy & Development Control Team
An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017))
O
OPEN SPACE AND/OR PLAYING PITCH ASSESSMENT
For development within open spaces / playing pitches, application proposals should be accompanied by plans showing any areas of existing or proposed open space /playing pitch within or adjoining the application site. Planning consent is not normally given for development of existing open spaces which local communities need. However, in the absence of a robust and up-to-date assessment by the relevant Staffordshire Borough / District Council, the application should be supported by an independent assessment that demonstrates that the land or buildings are surplus to local requirements.
Plans and supporting details should be submitted showing any areas of existing or proposed open space within or adjoining the application site and any access links, equipment, sports pitch size and layout, facilities, landscaping to be provided on open space areas.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 8: Promoting healthy communities – specifically paragraphs 73 to 77) which provide guidance on open space, sport and recreation.
• Planning Practice Guidance (Open space, sports and recreation facilities) • Government statement (Planning for schools development - August 2011)
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policy 4);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policies 4 and 6);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums. • Sport England
o Schedule 4, paragraph z of The Town and Country Planning (Development Management Procedure) (England) Order 2015 identifies Sport England as a statutory consultee on any planning application for development which:
a) is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or
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b) is on land which has been either: used as a playing field at any time in the 5 years before the making of the relevant application and which remains undeveloped; or allocated for use as a playing field in a development plan or in proposals for such a plan or its alteration or replacement; or
c) involves the replacement of the grass surface of a playing pitch on a playing field with an artificial, man-made or composite surface.
o Sport England also wish to be consulted on a non-statutory basis in cases where development involves:
a) the loss of, or loss of use for sport, of any major sports facility; b) the loss of use for sport of a major body of water; c) the creation of a major sports facility; d) the creation of a site for one or more playing pitches; e) the creation of opportunities for sport (such as the creation of a body of water bigger than two hectares following sand and gravel extraction); f) artificial lighting of a major outdoor sports facility; and, g) residential development of 300 dwellings or more.
o Sport England assesses applications against relevant government guidance including that contained in the National Planning Policy Framework (section 8 - in particular paragraphs 73 and 74 (referred to above) and, in relation to major housing development paragraphs 17, 58, 70, 73 and 171. For more details refer to Sport England - role in assessing and commenting on planning applications
o Sport England aims to ensure positive planning for sport, enabling the right facilities to be provided in the right places, based on robust and up-to-date assessments of need for all levels of sport and all sectors of the community. For more details refer to Sport England – planning for sport - aims and objectives
o Sport England provide more guidance on the above and their design standards for new facilities at https://www.sportengland.org/facilities-planning/
• Guidance found elsewhere in this document including:
o ‘C’ for County Development Statement o ‘P’ for Plans, Photographs and Drawings
Applicants are strongly advised to contact the relevant Staffordshire District / Borough Council Recreation Officer and Sport England for advice at the pre-application stage.
48 Staffordshire County Council Planning, Policy & Development Control Team
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P
PLANNING OBLIGATIONS
Planning obligations (or “section 106 agreements”*) are private agreements negotiated between local planning authorities and persons with an interest in a piece of land (or “developers”), and are intended to make acceptable development which would otherwise be unacceptable in planning terms. Where Development Plan Documents contain policies that give details of likely planning obligation requirements, a local planning authority may require a statement of the proposed Heads of Terms to be submitted with the application.
In cases where the County Council is the applicant it cannot enter into a legally enforceable section 106 agreement with itself. As an alternative, it may be appropriate for the County Council to prepare and sign a Memorandum of Understanding (MoU) to provide a transparent commitment to fulfil certain undertakings.
Before a section 106 agreement or an MoU can be taken into account as a material consideration in deciding whether or not to grant planning permission, it is first necessary to determine whether or not the undertaking(s) meet the tests set out in the NPPF (see below).
* Agreements made under section 106 of the Town and Country Planning Act 1990 as substituted by section 12 of the Planning and Compensation Act 1991.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (Decision-taking – specifically paragraphs 203 to 205) which provide advice about planning obligations, including the three tests that should all be met:
o necessary to make the development acceptable in planning terms; o directly related to the development; and o fairly and reasonably related in scale and kind to the development.
Note: These are also legal tests by virtue of the Community Infrastructure Levy Regulations 2010 [Part 11, Regulation 122 and 123) (as amended by the 2011, 2013 and 2014 Regulations) and Planning Practice Guidance (Community Infrastructure Levy, Do the planning obligations restrictions apply to neighbourhood funds?) refers to the Community Infrastructure Levy (Amendment) Regulations 2014 which prevents section 106 planning obligations being used in relation to those things (infrastructure) that are intended to be funded through the levy (Community Infrastructure Levy) by the charging authority.
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• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (section 6 ‘Implementation and Monitoring’);
o the Minerals Local Plan for Staffordshire 2015 to 2030 (policies 4 and 6);
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Staffordshire County Council’s standard / model section 106 agreements and MoUs are in preparation and will be published on our web site in due course (check our A to Z of Planning - ‘P’ for Planning Obligations).
PLANS, PHOTOGRAPHS AND DRAWINGS
The need for clarification of plans and drawings can cause delay in the development control process. The basic requirements (all types of application) are for: a) a Location Plan based on up-to-date mapping at a scale of 1:2500, 1:5000 or, for large sites 1:10,000, and, b) a Site Layout Plan or other plans at a larger scale, usually 1:2500, 1:1250, 1:500, 1:200 or 1:100, depending on the size of the site.
Typically applications involving building / engineering / mining operations / a material change of use of building / land will require a number of further drawing types.
The Location Plan All applications must include a Location Plan based on an up-to-date Ordnance Survey map. This should be at a scale of 1:1250 or 1:2500, or 1:5000 or 1:10,000 for large sites and wherever possible the plan should be scaled to fit onto A4 or A3 size paper.. The Location Plan should identify local roads and surrounding buildings d to ensure that the exact location of the application site is clear. In exceptional circumstances location plans at different scales may also be required.
A red line should be drawn around the application site. The red line should identify all the land necessary to carry out the proposed development – for example, land required for access to the site from a public highway (including visibility splays), landscaping, car parking and open areas around buildings.
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A blue line should be drawn around any other land owned or controlled by the applicant, close to or adjoining the application site.
Site Layout Plan and Other Plans All applications involving building, engineering, mining operations or a material change of use of building / land should include a Site Layout Plan to depict the existing and proposed layout.
The site layout plans should be drawn at a scale of 1:500 or 1:200 (or at a scale of 1:1250 or 1:2500 for large sites) and should accurately show: a) the direction of North; b) the proposed development in relation to the site boundaries and other existing buildings on the site, with written dimensions including those to the boundaries; c) all the buildings, roads and footpaths on land adjoining the site including arrangements for access to the public highway;
d) all public rights of way crossing or adjoining the site; e) the position of all trees on the site, and those on adjacent land that could influence or be affected by the development (see ‘T’ for Tree Survey…’ for more advice); f) the extent and type of all hard surfacing, and all grass areas, with a note about their uses e.g. football pitch; g) existing / proposed boundary treatment including walls or fencing; h) the position of any watercourses, culverts, drainage ditches or ponds within or adjoining the site –showing where appropriate the direction of flow; i) existing / proposed landscape features including trees and shrubs, and areas with nature conservation interest; j) existing / proposed external services, both above and below ground within 20m of any existing or proposed building or landscape feature; k) existing or proposed car parking areas with a note of the number of car, loading, disabled and other spaces; and all pedestrian and vehicular accesses and related areas, and any specialist facilities e.g. for green modes of travel;
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An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017)) l) existing and proposed contours at appropriate intervals or spot heights sufficient to give a clear indication of the surface ground form of the site and its immediate surroundings (cross sections may be required - see below); m) screening and landscaping details e.g. screen bunds, fencing or planting; n) the location of plant, buildings, offices, weighbridge, wheel cleaning, internal roads, hard surfaced areas etc.; o) the method and direction of any phased development (e.g. construction, excavation or restoration – including an estimate of the duration of each phase); and, p) the position of any diverted watercourses, lagoons, leachate collection systems sources of water supply and means of drainage, including the location of discharge points
Existing and proposed elevations Elevation drawings should be drawn to a scale of 1:50 or 1:100 and show clearly the proposed works in relation to what is already there. All sides of the proposal must be shown and these should indicate, where possible, the proposed building materials and the style, materials and finish of windows and doors. Blank elevations must also be included; if only to show that this is in fact the case.
Where a proposed elevation adjoins another building or is in close proximity, the drawings should clearly show the relationship between the buildings, and detail the positions of the openings on each property.
Existing and proposed floor plans Floor plans should be drawn to a scale of 1:50 or 1:100 and should explain the proposal in detail. Where existing buildings or walls are to be demolished these should be clearly shown. The drawings submitted should show details of the existing building(s) as well as those for the proposed development. New buildings should also be shown in context with adjacent buildings (including property numbers where applicable).
Existing and proposed site cross-sections, finished floor and site levels Cross sections drawn at a scale of 1:50 or 1:100 (or at a scale of 1:1250 or 1:2500 for large sites) should be provided if the proposals involve new buildings and / or a change in ground levels to show both existing and finished levels.
Full information should also be submitted to demonstrate how proposed buildings / change in ground level relate to existing site levels and neighbouring development. Such plans should show existing site levels and finished floor levels relative to a fixed datum point off site
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Roof plans A roof plan at a scale of 1:50 or 1:100 should be provided to show the shape of the roof. Details such as the roofing material and their location should be provided on the roof plan.
All plans / drawings should have:
• Unique identifiers: a title and number, which shall incorporate any revision number (and if there have been revisions they should be described and dated in a list on the drawing). The Planning Portal introduced standard naming convention for documents and plans (March 2012).
• An appropriate, accurate, metric scale, clearly stated, and stated relative to the sheet size (e.g. ‘…at A3’) to give an alert about photographic enlargements / reductions. A bar scale on the drawing is an even better safeguard against misreading the scale after sheet-size changes. Single sheets containing drawings at different scales should not only list those scales in the title panel but also state the relevant scale at each drawing.
Also desirable are: Identification of who drew and checked the plans; one recent air-photo (with copyright acknowledgement) of same area and at a similar scale, to accompany the plans.
Photographs, 2D or 3D visualisations For projects of significant size or complexity, or innovative in nature, or in a sensitive location, consider also supplying photographs, 2D perspectives, 3D drawings or computer-generated visualisations. Photographs should accompanied by a plan showing the locations and directions where they were taken from. For computer generated images / visualisations including 2D photomontages, 3D models, wirelines and Augmented Reality - the level of accuracy should be clearly stated.
The drivers and for more advice and information refer to:
• The Town and Country Planning (Development Management Procedure) (England) Order 2015 (Part 3 - Article 7 - General requirements for applications for planning permission) • The Landscape Institute Guidelines for Landscape and Visual Impact Assessment - Third Edition (2013) (GLVIA3) and Guidance Note 02-17 Visual Representation (March 2017) • Guidance found elsewhere in this document including:
o ‘E’ for E-Planning, Electronic Applications o ‘L’ for Landscaping details and/or Landscape and Visual Assessment o ‘V’ for Validation
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PLANNING STATEMENT
Section 38(6) to the Planning and Compulsory Purchase Act requires that any determination under the planning Acts must be made in accordance with the development plan unless material considerations indicate otherwise.
For larger development proposals the Planning Statement should explain why the proposals accord with the relevant development plan policies and proposals in Local Plans and Neighbourhood Plans, and explain how any material considerations including relevant national planning policies and guidance, relevant Supplementary Planning Documents (SPDs), Supplementary Planning Guidance (SPG) or development briefs have been taken in to account. Where the proposals do not accord with a planning policy or proposals this should be acknowledged and any overriding material considerations explained.
For smaller development proposals the statement may form part of the County / Minerals Waste Development Statement.
For mineral development proposals the statement should explain why the proposals accord with: the principles of sustainable development described in the National Planning Policy Framework; the relevant development plan policies; and, specifically explain why the proposals accord with the vision, strategic objectives, policies and proposals in our Minerals Local Plan.
For waste development proposals the statement should explain why the proposals accord with: the principles of sustainable waste management described in the National Planning Policy for Waste; the relevant development plan policies; and, specifically explain why the proposals accord with the vision, strategic objectives and policies in our Waste Local Plan and why they are the right type, in the right place and at the right time.
In all cases the statement may also include details of consultations with the local planning authorities and wider community/statutory consultees undertaken prior to submission unless that information is contained in a separate Statement of Community Involvement.
The drivers and for more advice and information refer to:
• The Town and Country Planning Act 1990 (Section 70(2) as amended by the Planning and Compulsory Purchase Act 2004 (Section 38(1) and Section 38(6)) • The National Planning Policy Framework (Decision taking – specifically paragraph 196 and section 13 - Facilitating the sustainable use of minerals) • The National Planning Policy for Waste
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• Government statement (Planning for schools development - August 2011) • Planning Practice Guidance (Determining a planning application)
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026; o the Minerals Local Plan for Staffordshire 2015 to 2030; o the Staffordshire District / Borough Council Local Plans; and, o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums. • Guidance found elsewhere in this document including:
o ‘C’ for County Development Statement o ‘M’ for Minerals Development Statement o ‘P’ for Pre-application advice o ‘S’ for Statement of Community Involvement o ‘W’ for Waste Development Statement
PRE-APPLICATION ADVICE
Applicants are strongly advised to obtain pre-application advice at an early stage.
Staffordshire County Council’s Pre-application Advice Services (PAS) As the Minerals/Waste Planning Authority, the Highway Authority, the Lead Local Flood Authority, and because we manage information about Staffordshire’s natural and historic environment, our specialists can provide a wide range of pre-application advice to assist developers preparing to submit planning applications to the County Council (as well as planning applications to the Staffordshire District / Borough Councils).
Details of our pre-application advice services can be found using the links to the specialist teams below:
• The Planning, Policy and Development Control Team can provide planning policy advice and coordinate the advice of our specialists on the potential effects of minerals and waste development proposals in Staffordshire.
• The Highways Development Control Team can provide advice on the potential effects of development proposals on Staffordshire’s highway network.
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• The Flood Risk Management Team can provide advice on the potential effects of major development proposals on Staffordshire’s surface water drainage.
• The Environmental Advice Team can provide advice on the potential effects of development proposals on the conservation, maintenance and enhancement of Staffordshire’s natural and historic environment, and provide advice on the potential effects of development proposals on Staffordshire’s public rights of way network.
Staffordshire County Council’s Strategic Planning Advice Team can coordinate pre-application advice in connection with county development proposals (see A to Z of Planning - C’ for County Developments).
Applicants are also strongly advised to contact statutory and non-statutory consultees, and engage with the local community / neighbours at the pre-application stage to determine the level of support for their proposals and to identify issues that may need to be addressed at the application stage.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (Decision-taking – specifically paragraphs 188 to 192) explains that early engagement and good quality pre-application discussions have significant potential to improve the efficiency and effectiveness of the planning application system for all parties.
• Planning Practice Guidance (Before submitting an application)
• Staffordshire County Council’s chargeable Pre-application Advice Service
• Staffordshire County Council’s Statement of Community Involvement (SCI) explains our pre- application procedures (see A to Z of Planning – ‘S’).
• Guidance found elsewhere in this document including:
o ‘S’ for Statement of Community Involvement
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Q, R
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S
SITE WASTE MANAGEMENT PLAN / WASTE AUDIT
A Site Waste Management Plan (SWMP) / Waste Audit should form part of a sustainable development project and should accompany applications for larger projects or projects likely to generate significant quantities of waste during the site preparation, demolition, construction, operation and decommissioning phases of the development.
The SWMP / Waste Audit should identify: a) the amount and type of waste the development is likely to generate during each phase of the development; b) the steps to be taken to reduce, reuse, recycle or dispose of the waste arising on site (e.g. incorporating waste on site or sorting, segregating and processing the waste on site); and, c) the steps to be taken to reuse, recycle or dispose of the waste arising off site.
The SWMP / Waste Audit may form part of the Construction Environmental Management Plan (CEMP) and similar to the CEMP, it may not be possible to produce a detailed SWMP / Waste Audit at the application stage. Nevertheless an Outline SWMP / Waste Audit should provide sufficient information to demonstrate that the waste implications have been carefully considered.
The drivers and for more advice and information refer to: • The National Planning Policy for Waste (paragraph 8) to make better use of waste associated with non-waste related development
• Planning Practice Guidance (Waste – Determining planning applications - Should significant developments include a waste audit?)
• BRE – Waste management tools and training and SMARTWASTE • The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (policies 1.2 and 4.1); o the Staffordshire District / Borough Council Local Plans; and, o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums. • Guidance found elsewhere in this document including:
o ‘C’ for Construction Environmental Management Plan
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STATEMENT OF COMMUNITY INVOLVEMENT (SCI)
Applications may need to be supported by a statement to demonstrate how the views of the local community have been sought and taken into account in the formulation of development proposals. The extent of public involvement will vary according to the scale or potential impact of a development.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (Decision-taking – specifically paragraph 188) explains the benefits of early engagement or ‘front loading’.
• Our Statement of Community Involvement (Revised February 2014) (see A to Z of Planning – ‘S’) sets out the County Council’s methods of public consultation in connection with planning applications and when we are preparing planning policy documents. The SCI (section 4.3) also encourages applicants to discuss their proposals with us and the local community before submitting planning applications
• Guidance found elsewhere in this document including:
o ‘P’ for Pre-application advice STRUCTURAL SURVEY
A structural survey may be required in support of an application if the proposal involves substantial demolition or a building conversion scheme. In the latter case the survey would be required to demonstrate how the building fabric is capable of adaptation without rebuilding and to ensure that appropriate working methods are employed, which safeguard the fabric.
The survey should include photographs as appropriate, together with an accompanying plan showing the locations where the photographs were taken from.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 7: Requiring good design) • Guidance found elsewhere in this document including:
o ‘P’ for Plans, Photographs and Drawings
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T
TRANSPORT, ACCESS, PARKING AND TRAVEL PLAN CONSIDERATIONS
All applications for new development which would generate a significant number of traffic movements or a significant change in the pattern of movements should address the transport, access, parking and travel plan implications. Such applications should therefore supported by a Transport Statement or a Transport Assessment. A Travel Plan may also be required to help mitigate the impact of the proposed development. Where no changes are anticipated this should be clearly stated and the reason explained.
Transport Statement (TS) / Transport Assessment (TA) The following matters should be considered and discussed with the Highway Authority* when preparing either a TS / TA to accompany the application: a) the need for and scope of the TS or a TA b) the access requirements for all modes of transport, including during the construction phase c) the service utility implications particularly in respect of development fronting traffic sensitive routes (see). d) the demand management requirements, including any contribution that is likely to be required towards highways infrastructure and/or transport improvements; e) the need for a Travel Plan f) the implications of any area wide local transport strategy g) the implications for environmentally sensitive areas in relation to noise and air quality; h) the cumulative impacts of multiple developments within a particular area; i) the measures to mitigate the residual impacts of development (such as improvements to the public transport network, introducing walking and cycling facilities, physical improvements to existing roads; and, j) the heads of terms for a planning obligation (e.g. S106 Agreement), where applicable;
* Note: The Highway Authority is Staffordshire County Council when the proposals will affect roads other than trunk roads and motorways and Highways England when the proposals will directly or indirectly affect trunk roads and motorways.
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Access Applicants will need to provide details of the proposed access arrangements. Site layout plans should ensure that the red-lined application site boundary includes all the land required to deliver the access works e.g. including land required to provide visibility splays or access improvements.
Where access is served via a traffic signalled junction, a roundabout junction or a priority junction with a dedicated right turn facility, the access details should also include a micro- modelling analysis and a Stage 2 Safety Audit.
Where the access only involves simple priority junctions or dropped crossings details of the existing and proposed visibility splays are required together with details of speed surveys where relaxations to normal visibility requirements are being sought.
Parking Applications involving new or changes to existing parking arrangements will need to include details of existing and proposed parking provision. These details should be shown on a site layout plan.
Full planning applications should show all parking layouts in the proposed development, ideally at 1:500 scale, and make clear where there is specific provision for non-car modes such as cycles, minibuses and commercial vehicles.
County developments In general the transport implications of county developments should be addressed in the same manner as for private developments. However the following specific advice may be relevant.
Schools Proposal for a new school, a new nursery provision or an increase in the school pupil population of 30+ will require an initial scoping exercise in respect of the impact on the local highway network, pedestrian routes, additional vehicular trips, parking etc. with a view to a TA / TS being produced to support the application. Some proposals will not change the pattern of movements to and from schools e.g. new buildings to improve existing accommodation or curriculum delivery. Where this is the case a clear statement to that effect should accompany the application.
Where there is to be community use of a proposal it will be necessary to provide details of the intended use in terms of numbers and timetabling in order to determine if any scoping is required.
Any application for the creation of a new access to a school should be accompanied by a statement that considers the implications of increased parental parking in the vicinity and also the potential need for off highway pedestrian waiting areas.
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Any application for an increase in car parking should be accompanied by a statement relating to the existing car parking arrangements and justifying the need for the additional parking. If the school does not have a Travel Plan one would normally be required to be implemented within 6 months of commencement of use through a planning condition.
School Travel Plans In general the travel plan implications of Reg 3 county development planning applications should be addressed in the same manner as for private developments. However where the school does not have a Travel Plan one would normally be required to be implemented within 6 months of commencement of use through a planning condition.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 4: Promoting sustainable transport – specifically paragraph 32 which refers to TSs and TAs; paragraph 39 which refers to parking standards; and paragraph 36 which refers to travel plans)
• Planning Practice Guidance (Travel Plans, Transport Assessments and Statements) • Planning Practice Guidance (Transport evidence bases in plan making and decision taking) • Government statement (Planning for schools development - August 2011) • Staffordshire County Council’s guidance on Transport Assessments and Travel Plans which includes a ‘Transport Assessment/Statement Validation Form’ which should be signed by the applicant and a representative on behalf of the Highway Authority to confirm that:
o A Transport Assessment (TA) or Transport Statement (TS) is required and that the TA/TS accompanying the planning application includes conclusions that have been agreed with the Highway Authority;
o A TA or TS is required and that the TA/TS accompanying the planning application includes conclusions that have been discussed but both the applicant and Highway Authority are in dispute; or,
o A TA / TS is not required.
• Staffordshire County Council’s ‘Transport information requirements for school transport assessments’ (see A to Z of Planning - C’ for County Developments).
• The relevant policies in the development plan documents including:
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o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (Policy 4); o the Minerals Local Plan for Staffordshire 2015 to 2030 (Policy 4); o the Staffordshire District / Borough Council Local Plans; and, o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Guidance found elsewhere in this document including:
o ‘C’ for Construction Environmental Management Plan o ‘D’ for Design and Access Statement o ‘E’ for Environmental Statement o ‘F’ for Foul Sewage and Utilities Assessment o ‘P’ for Planning Obligations o ‘P’ for Plans, Photographs and Drawings o ‘P’ for Pre-application Advice o ‘T’ for Transport, Access, Parking and Travel Plan Considerations o ‘V’ for Validation Applicants are strongly advised to contact Staffordshire County Council’s Highways Development Control Team (and Highways England when trunk roads and motorways would be affected) for advice at the pre-application stage.
TREE SURVEY AND PROTECTION PLAN
Where there are trees within the application site, or on land adjacent to it that could influence or be affected by the development (including street trees), a Tree Survey and Protection Plan prepared by a suitably qualified and experienced arboriculturalist should be provided.
The plan should show all trees on or within 10 metres of the boundary of the site, numbered, with details of their species, age, condition, works proposed and need for works set out on an accompanying schedule. The plan should also identify the trees to be lost and retained and the method of protecting during construction works.
The schedule accompanying the survey should include a list of all trees or groups along with: a) A reference number b) Species c) Height in metres d) Stem diameter in millimetres at 1.5m above ground level.
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Arboricultural Method Statement (AMS) In some circumstances it may be necessary to carry out development inside the Construction Exclusion Zone (CEZ). In such circumstances more details will be required. This may take the form of an Arboricultural Method Statement (AMS). The AMS should provide technical information - for example a “no dig” solution for footways, specialist foundations requiring a trenchless construction, or retaining walls.
The AMS is more likely to be required as a condition of the planning permission. However it may be necessary to consider the details prior to determining a planning application. If a developer is aware of a potential conflict, or to save time later on, then it is recommended that the AMS is submitted at the planning application stage.
The drivers and for more advice and information refer to:
• The National Planning Policy Framework (section 11: Conserving and enhancing the natural environment – specifically paragraph 118 which refers to the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees
• Planning Practice Guidance – Natural environment
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026 (Policy 4); o the Minerals Local Plan for Staffordshire 2015 to 2030 (Policy 4); o the Staffordshire District / Borough Council Local Plans; and, o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums. • BS5837:2012 ‘Trees in relation to design, demolition and construction – Recommendations’.
• Town and County Planning (Trees) Regulations 1999 (S.I. 1999 No.1892).
• Staffordshire County Council’s guidance on ‘Development and Trees’
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U
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V
VALIDATION
An application will only be regarded as valid when it includes: a) a completed application form; b) compliance with the national information requirements (i.e. plans and drawings; ownership certificates and agricultural land declaration; a Design and Access Statement in some cases)*; c) the correct application fee; and, d) provision of the local information requirements (contained in this A to Z Guide)
* Note: there are specific national information requirements for Outline applications and applications subject Environmental Impact Assessment
Validation checklists To assist with the preparation, submission and validation of planning applications, Staffordshire County Council has produced validation checklists. Applicants should complete and submit a validation checklist alongside their application as it will speed up the validation of planning applications.
The standard application form – electronic forms From 6 April 2008, all planning applications (except minerals applications other than forms for onshore oil and gas development – see below), must be presented on a standard application form, which is available electronically from the Planning Portal.
The Government and Staffordshire County Council wish to encourage applicants to submit applications electronically wherever possible, as this provides opportunities for applicants and us to streamline procedures and thereby reduce costs.
The standard application form – paper forms Applicants retain the option of submitting paper versions of the form. In that event, three additional copies plus the original of the completed application form must be submitted. Where applications are submitted on paper, we can request additional copies.
Minerals planning application forms There is currently no standard national planning application form (other than the standard form for onshore oil and gas development which is available from the Planning Portal). Applications for mineral development must therefore be presented on a Staffordshire County
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Council’s minerals application form available from our Applications forms, fees and advice’ web page.
* Note: Applications for planning permission for freestanding, concreting or coating plants (i.e. not plant located on land adjoining sites used for the working or transport of minerals) should be made on a Planning Portal application form and submitted for the determination of the relevant district or borough council. If in doubt, you are advised to consult the relevant Staffordshire District/Borough Council.
Description of the development The proposed development should be described in sufficient detail on the application form as the description will be used in public notices, neighbour letters, correspondence with consultees and the Decision Notice.
We will contact you before we publicise the application if we consider there is a need to modify the description to ensure it is easily understood by whom it may concern.
Further information – ‘post validation’ We have powers to require further particulars or evidence ‘post validation’ under section 62(3) of the Town and Country Planning Act 1990. Under Regulation 4 of the Town and Country Planning (Applications) Regulations 1988 we can direct applicants to:
(a) supply any further information, and, except in the case of outline applications, plans and drawings necessary to enable it to determine the application, or
(b) provide one of their officers with any evidence in respect of the application as is reasonable for them to call for to verify any particulars of the information given to them.
Invalid applications If we find that an application does not meet the requirements of the national and local information requirements we will treat it as invalid. Then, in accordance with the process of validation described in our Statement of Community Involvement (SCI) we will write to the applicant to explain what needs to be done to make the application valid. If after 28 days we have not received the additional information to make the application valid, we will close the file and arrange to repay the fee.
Applicants have the right to send us an ‘article 12 notice’ setting out the reasons why they think the information we have asked for is not reasonable or material to the determination of the application. Applicants also have the right to appeal for non-validation under section 78 of the Town and Country Planning Act 1990. The relevant ground for the appeal would be non-determination within the 8 or 13 week determination period (depending upon whether the application is minor or major –minerals and waste applications have a 13 week determination period). Similarly the right to complain to the Local Government Ombudsman also remains.
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The drivers and for more advice and information refer to:
In December 2007 the Department for Communities and Local Government (CLG) published ‘The Validation of Planning Applications – guidance for local planning authorities’ to encourage Councils to adopt validation criteria referred to as the ‘local list’, alongside the ‘national list’ to provide a consistent basis for validating planning applications.
Staffordshire County Council consulted on a ‘local list’ of validation requirements before adopting the list in March 2008.
This A to Z Guide has been regularly updated since it was first published in March 2008 (see Introduction) and together with the accompanying validation checklists, now represent the local information requirements referred to in the National Planning Policy Framework (Decision taking - paragraph 193) which states that:
“Local planning authorities should publish a list of their information requirements for applications, which should be proportionate to the nature and scale of development proposals and reviewed on a frequent basis. Local planning authorities should only request supporting information that is relevant, necessary and material to the application in question.”
• Planning Practice Guidance (Making an application, Validation requirements, Receipt of an application and Flow Chart) • The Town and Country Planning (Development Management Procedure) (England) Order 2015 – Article 12 – Validation dispute • Guidance found elsewhere in this document including:
o ‘C’ for Certificates o ‘E’ for Electronic applications o ‘F’ for Fees • ‘Applications forms, fees and advice’ web page • A to Z of Planning – ‘V’ for Validation for this guide and the validation checklists
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W
WASTE DEVELOPMENT STATEMENT
A Waste Development Statement, which should accompany all applications for waste development, is an opportunity to provide a supporting statement which addresses a wide range of matters including but not necessarily limited to those listed below:
The development statement should include but may not be limited to details of the following: a) the applicant’s business; b) the background to the development proposals; c) the alternatives that were considered (if not provided as part of an Environmental Statement); d) the significance of the timing of the planning application (if any); e) the intended commencement date and phasing of the development if applicable*; f) the opportunity to review conditions and / or consolidate existing permissions** g) the contribution that the development would make to the business; h) the contribution that the development would make to the local economy e.g. new jobs, security for existing jobs, business rates, and investment and spending in the local economy (if not provided separately – see ‘E’ for Economic Statement); i) the applicant’s interest in the land, including any adjoining or nearby land; j) the design / operational considerations to achieve and maintain high environmental standards (e.g. environmental management systems operated by the applicant); k) an explanation of the operating hours if they will vary by day / week / month / season; l) an explanation of the traffic movements if they will vary by day / week / month / season (if not provided separately – see ‘T’ for Transport, Access, Parking and Travel Plan Considerations); m) the effects of climate change (if not provided separately – see ‘D’ for Design and Access Statement and ‘P’ for Planning Statement);
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An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017)) n) the environmental management systems operated by the applicant; o) the pre-application discussions and changes to the proposals that resulted from those discussions (if not provided separately - see ‘S’ for Statement of Community Involvement); p) where the development sits in the waste hierarchy and contribution to the waste management infrastructure in the county / sub-region / nationally q) the waste types, sources and quantities; r) the market for the recycled waste(s); s) energy generation (if applicable); t) control of emissions; u) the disposal of any residues; v) the nature and significance of any ancillary operations e.g. processing of the waste to add value and marketability; w) the intended after-use of the land and how that beneficial use would be sustained beyond the statutory 5 year aftercare period, where applicable; x) planning obligations that the applicant is willing to enter into either as unilateral undertakings or as part of a Section 106 Legal Agreement e.g. to agree to: consolidate the permissions**; arrange liaison committee meetings; comply with traffic routes; extend the aftercare period; secure a restoration guarantee bond; or transfer the land at the end of a specified period.
*Commencement of the development Planning permission would normally be expected to commence within 3 years of the date that planning permission is granted. If it is anticipated that the development will not commence within 3 years of the date of planning permission or the submission of reserved matters/details will require more time, then please explain in the development statement how much time would be required and why this is necessary in this case.
Applications for temporary permission and applications to not to comply with a condition (to vary a condition) (‘Section 73 applications’) If an application for temporary planning permission is sought then please explain why in the development statement and identify the period of time that the permission is required / date when the permission should expire.
70 Staffordshire County Council Planning, Policy & Development Control Team
An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017))
If a Section 73 application is made seeking planning permission to not comply with / to vary a condition then please specify the relevant planning permission and condition(s) and explain the proposed alternative wording (where appropriate) and reasons for the change in the development statement.
**Consolidating application If there is an/are existing planning permission(s) affecting the site that could be replaced or updated if this proposal was granted planning permission, please confirm whether or not you and anyone else with an interest in the land would be willing to sign a planning obligation to agree not to implement / further implement the existing permission(s) in return for a consolidating permission in the development statement (if not provided separately - see ‘P’ for Planning Obligation).
The drivers and for more advice and information refer to:
• The National Planning Policy for Waste
• Planning Practice Guidance (Waste)
• The Waste Management Plan for England
• The Waste (England and Wales) Regulations 2011 (Part 6: Duties of planning authority) relate to landfill and mineral waste proposals
• The relevant policies in the development plan documents including:
o the Staffordshire and Stoke-on-Trent Waste Local Plan 2010 to 2026
o the Minerals Local Plan for Staffordshire 2015 to 2030;
o the Staffordshire District / Borough Council Local Plans; and,
o the Neighbourhood Plans prepared by the Staffordshire Parish/Town Councils or Neighbourhood Forums.
• Defra’s waste facility design advice published in conjunction with CABE in 2008.
• Guidance found elsewhere in this document including:
o ‘C’ for Construction Environmental Management Plan o ‘E’ for Economic Statement o ‘E’ for Environmental Statement o ‘P’ for Planning Obligations o ‘P’ for Planning Statement
71 Staffordshire County Council Planning, Policy & Development Control Team
An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017))
o ‘P’ for Plans, Photographs and Drawings o ‘P’ for Pre-application advice o ‘S’ for Site Waste Management Plan / Waste Audit o ‘S’ for Statement of Community Involvement o ‘T’ for Transport, Access, Parking and Travel Plan Considerations o ‘V’ for Validation
Applicants are strongly advised to contact the Planning, Policy and Development Control Team for advice at the pre-application stage (see ‘P’ for Pre-application Advice).
72 Staffordshire County Council Planning, Policy & Development Control Team
An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017))
WASTE MANAGEMENT FACILITY SAFEGUARDING STATEMENT
Staffordshire County Council will not normally permit development which is likely to unduly restrict or constrain the activities permitted at an existing waste management facility or restrict the future expansion and environmental improvement to the facility. Two ‘strategic waste facilities’ in Staffordshire (the Meece landfill site and the Four Ashes Energy Recovery Facility) are specifically identified for safeguarding in the Staffordshire and Stoke-on-Trent Waste Local Plan.
In such circumstances the application should be accompanied by a Waste Management Facility Safeguarding Statement, prepared by a specialist, which explains the implications of the proposals on: a) the current operations being carried out at the waste management facility (e.g. in terms of the impacts from noise, vibration, artificial light, dust, odour and traffic); b) the future expansion / environmental improvement to the waste management facility; and, c) the capacity of the waste management facility.
The drivers and for more advice and information refer to:
• The National Planning Policy for Waste (paragraphs 2 and 8);
• Planning Practice Guidance (Waste – Determining planning applications - Should significant developments include a waste audit?)
• The Waste Management Plan for England
• The Staffordshire and Stoke-on-Trent Waste Local Plan (Policies 2.4 and 2.5 and the supporting text);
• Staffordshire County Council’s ‘Map search’ web page shows the location and extent of permitted waste management facilities which represent Staffordshire’s waste management infrastructure.
• Guidance found elsewhere in this document including:
o ‘A’ for Air Quality o ‘E’ for Environmental Statement o ‘N’ for Noise Assessment o ‘P’ for Pre-application advice
73 Staffordshire County Council Planning, Policy & Development Control Team
An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017))
o ‘S’ for Site Waste Management Plan / Waste Audit o ‘T’ for Transport, Access, Parking and Travel Plan Considerations Applicants are strongly advised to discuss their proposals with the waste operator and contact the Planning, Policy and Development Control Team, the relevant Staffordshire District/Borough Council Environmental Health / Pollution Control Team and the Environment Agency for advice at the pre-application stage (see ‘P’ for Pre-application Advice).
74 Staffordshire County Council Planning, Policy & Development Control Team
An A to Z Guide to Planning Applications Submitted to Staffordshire County Council (Latest update ** ** 2017) (Consultation draft – June 2017))
X, Y, Z
75 Staffordshire County Council Planning, Policy & Development Control Team
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From: Alison Cartwright [mailto:[email protected]] Sent: 16 June 2017 11:51 Subject: PSPO Consultation
Public Space Protection Order - Stafford Borough Residents and businesses are being asked for their views on changes to rules that can help stop people causing problems in areas of Stafford Borough. New national legislation comes in to force in October that places restrictions on, for example, where people can drink alcohol or the number of dogs a person can walk at any one time. The PSPO Consultation is now live on the website:- http://www.staffordbc.gov.uk/public-space-protection-order
And also included on the Consultation webpage:- http://www.staffordbc.gov.uk/surveys
Link to the survey
Tracy Redpath | Policy, Improvement and Partnership Manager Stafford Borough Council | Civic Centre | Riverside | Stafford | ST16 3AQ 01785 619 195 | [email protected] | www.staffordbc.gov.uk
STAFFORD BOROUGH COUNCIL
ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014
THE BOROUGH OF STAFFORD
PUBLIC SPACES PROTECTION ORDER 2017
The Stafford Borough Council (“the Council”), in exercise of its powers under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act”), hereby makes the following Order:-
1. This Order shall come into operation on xxxx 2017 and shall have effect for a period of three years from the date hereof (unless it is extended pursuant to Section 60 of the Act).
2. This Order applies to the areas within the Borough of Stafford as specified in the Schedule to this Order and shown marked on the attached Plans at Appendices 1, 2 and 3, being public space in the Council’s area to which the Act applies (“the Restricted Areas”).
BY THIS ORDER
3. The effect of this Order is to impose the following prohibitions and/or requirements in the Restricted Areas at all times:-
(a) Alcohol
Any person is prohibited from having an open alcohol container in his/her possession;
Any person is required to surrender any open alcohol container in his/her possession when required to do so by an Authorised Officer of the Council.
(b) Dog Fouling
Any person is required to remove the faeces of a dog he/she is in control of, immediately after the dog has defecated;
(c) Dogs on Leads
Any person who is in control of a dog in a “no dogs off lead” restricted area is required to keep the dog on a lead at all times, and such lead must not exceed a length of two metres.
(d) Dogs on Leads by Direction
Any person who is in control of a dog is required to put and keep the dog on a lead, if given a direction to do so by an Authorised Officer of the Council.
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(e) Dog Exclusion Areas
Any person is prohibited from allowing a dog he/she is in control of to enter the designated play areas as specified in the Schedule to this Order.
(f) Dog Walking
Any person is prohibited from walking more than 4 dogs at any one time.
(For the purposes of 3 (b), (c), (d), (e) and (f) above, a person who habitually has a dog in his/her possession shall be taken to be in control of the dog at any particular time, unless at that time some other person is in control of the dog).
4. Exemptions
(i) Nothing in Paragraph 3(a) of this Order shall apply to a person who is in possession of an open alcohol container within the curtilage of any licensed premises located within a restricted area, or any premises licensed under s.11 of the Licensing Act 2003 for the supply of alcohol or premises permitting the sale of alcohol by s.115E of the Highways Act 1980.
(ii) Nothing in Paragraph 3(b) to 3(f) of this Order shall apply to a person who:-
(a) Is registered as a blind person in a register compiled under Section 29 of the National Assistance Act 1948; or
(b) Is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (Registered Charity No. 293358) and upon which he/she relies for assistance; or
(c) Has a disability which affects his/her mobility, manual dexterity, physical coordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which he/she relies for assistance.
5. An “Authorised Officer of the Council” means an employee of Stafford Borough Council, a Police Officer or Police Community Support Officer, or any other person who is authorised in writing by the Council for the purposes of giving directions under this Order.
6. The Council is satisfied that the conditions set out in Sections 59, 64 and 72 of the Act have been satisfied, and that it is in all the circumstances expedient to make this Order for the purposes of reducing anti-social behaviour in the restricted areas. The Council makes the Order because anti-social behaviour in the restricted areas has had a detrimental effect on the quality of life of those in the locality. The effect or likely effect of this is of a persistent or continuing nature such as to make it unreasonable, and justifies the restrictions imposed in this Order.
7. It is an offence for any person, without reasonable excuse, to engage in any activity which is prohibited by this Order.
2
8. Any person who is found to be in breach of any provisions of this Order shall be liable on summary conviction to a maximum penalty of Level 3 on the Standard Scale, or if in receipt of a Fixed Penalty Notice, to a financial penalty of up to £100.00.
DATED this day of 2017
The Common Seal of STAFFORD BOROUGH COUNCIL was hereunto affixed in the presence of:-
Authorised Officer
SCHEDULE OF THE RESTRICTED AREAS
Location Nature of Prohibition/Requirement Map Number/Ref
The whole of the Borough 1. The removal of dog faeces of Stafford (any place to immediately after the dog has which the public have defecated. N/A access) 2. Dogs on leads by direction. 3. Dog walking – maximum of 4 dogs at any one time.
Stone Town Centre and Alcohol Restriction (see 3(a) of this Appendix 1 Playing Fields Order)
Stafford Town Centre Alcohol Restriction (see 3(a) of this Appendix 2 Order)
Victoria Park North and Dog exclusion and no dogs off lead 1a Play Area
Victoria Park and Bowling Dog exclusion and no dogs off lead 1b Green
Rowley Park, Stafford Dog exclusion and no dogs off lead 2
Stonefield Park, Stone Dog exclusion and no dogs off lead 3
Littleworth Park Dog Exclusion 4
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Location Nature of Prohibition/Requirement Map Number/Ref
Lancing Avenue, Stafford Dog Exclusion 5
Meadow View, Adbaston Dog Exclusion 6
All Ways Close, Milwich Dog Exclusion 7
Bell Close, Stafford Dog Exclusion 8
Beton Way, Stafford Dog Exclusion 9
Danta Way, Stafford Dog Exclusion 10
Ferndown Drive South Dog Exclusion 11
Fernwood, Stafford Dog Exclusion 12
Heathfield Avenue, Walton, Dog Exclusion 13 Stone
Holmcroft Road, Stafford Dog Exclusion 14
Lawnsfield Walk, Stafford Dog Exclusion 15
Melbourne Crescent, Dog Exclusion 16 Stafford
New Street, Norton Bridge Dog Exclusion 17
St. Georges Road, Stafford Dog Exclusion 18
The Lindens, Stone Dog Exclusion 19
Wayfield Drive, Stafford Dog Exclusion 20
Whitemill Lane, Walton, Dog Exclusion 21 Stone
Wootton Drive, Stafford Dog Exclusion 22
The Green, Yarnfield Dog Exclusion 23
Christ Church, Stone No dogs off lead 24
Stafford Crematorium, No dogs off lead 25 Eccleshall Road
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Location Nature of Prohibition/Requirement Map Number/Ref
Stafford Crematorium, No dogs off lead 26 Tixall Road
St. Chads Church, Stafford No dogs off lead 27
St. Lawrence’s Church, No dogs off lead 28 Gnosall
St. Mary’s Church, Stafford No dogs off lead 29
St. Michael and All Angels’ Church, Colwich No dogs off lead 30
St. Michael’s Church, Stone No dogs off lead 31
Stone Cemetery No dogs off lead 32
Two Waters Way, Stafford No dogs off lead 33
Riverway Bowling Green, Dog Exclusion 34 Stafford
Wildwood Park Dog exclusion and no dogs off lead 35
Castle Church (St. Mary’s), No dogs off lead 36 Stafford
5
Trade Union Side of the National Joint Council for Local Government Services: England, Wales and Northern Ireland
NJC PAY CLAIM 2018 – 2019
This NJC pay claim for 2018-2019 and accompanying submission is made by the Joint Trade Union Side (UNISON, GMB and UNITE) to the Local Government Association.
Our claim is for:
The deletion of NJC pay points SCP 6-9 to reach the Foundation Living Wage of £8.45 (UK) and £9.75 (London) and a 5%
increase on all NJC pay points.
14 June 2017
CONTENTS PAGE
Key points from our claim 3
1. The setting for our pay claim 5
2. Economic background 6
2.1 Current inflation rates 6 2.2 Inflation forecasts 9 2.3 Average earnings growth 11 2.4 Average pay settlements 12
3. Decline in NJC pay 13
3.1 Pay at the bottom 15 3.2 NJC minimum pay: comparisons with the public 16 sector 3.3 Low pay: a problem throughout the pay spine 17 3.4 Paying the Foundation Living Wage 18 3.5 Joseph Rowntree Foundation Minimum Income 18 Standard 3.6 Pay comparisons across the pay spine 19
4. Pay-related conditions of work 21
5. Job losses 22
6. Recruitment and retention 22
7. Conclusion 23
8. Appendix: Current NJC pay rates 25
2
Key points in our claim:
1. Declining value of NJC pay:
For the vast majority of NJC workers in local government and schools - last year‟s pay „rise‟ actually represented the EIGHTH consecutive annual pay cut since 2009.
Pay in local government and schools is one of the lowest in the public sector. No-one is paid a fair rate for the job they do.
A continuation of the 1 per cent pay cap would represent a further squeeze on our members‟ quality of life that is even worse than during the 1980s and 1990s, exacerbating an already desperate situation for many.1
The bottom rate of pay in local government - £7.78 - is only 28p above the National Living Wage (NLW) and well below the UK Foundation Living Wage rate of £8.45 and £9.75 in London.
Inflation is predicted to remain in excess of 3% for the next five years. This means that the cost of living for our members will rise by nearly 18% by 2021. In that context, a 1% pay offer for the sector would be unacceptable.
If pay is capped at 1% from 2018 - 2019, the average local government wage will fall in value by nearly £1,200. This would be on top of a real terms loss in pay of some 21% since 2009.
NJC workers on the bottom pay point will require a 15.7% increase in pay to reach the currently projected rate for the National Living Wage of £9 per hour by 2020.
Women are more than three quarters of the NJC workforce. The gender pay gap has widened in the public sector since the pay cap was introduced, even though it has narrowed in the wider economy. Endemic low pay is a gender issue and represents the undervaluing of women‟s skills, knowledge and experience in schools and council services.
In this context, it is clear that the 1 per cent cap is unsustainable. The cap must not be applied in 2018/19 – or in any future year. Following extensive consultation with our members, the Trade Union Side believes that only a settlement of at least 5 per cent, with the bottom pay point set at the level of the Foundation Living Wage, would be a fair reward for their endeavours and lost wages over the last eight years.
1 GMB, End the Public Sector Pay Pinch, 08 March 2017, page 25 – 28. https://static1.squarespace.com/static/58b828f44402436b74624b8a/t/58bf0a49bebafbf4b3e4b790/1488915 022750/public+sector+pay+pinch+report+-+FINAL.pdf
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2. Pay-related conditions of work:
Most councils are slashing conditions of work such as unsocial hours payments – alongside the decline in basic pay. This means workers providing services that require them to work regular overtime, shift work and unsocial hours work, are suffering further reductions in pay as additional payments are cut.
3. Job losses:
Since June 2010, local government has lost over 750,000 jobs. Those workers left behind face increased workloads, pressure and stress – on top of shrinking pay packets. As a result, local services, and those reliant upon them, suffer.
Many employees who have been made redundant have been replaced by agency staff – a false economy for councils in both the short and long term. Agency workers are expensive and public money is wasted in often high agency fees.
4. Recruitment and retention:
With pay comparing so badly with the rest of the public and private sectors, 71% of councils unsurprisingly report recruitment and retention problems.
5. Equal pay:
The National Living Wage has been introduced by the Government without any extra funding for councils and schools to pay for it. Indeed council budgets have been slashed by at least 40% since 2010. With NJC pay kept low by pay freezes or below-inflation increases, the National Living Wage has become the determinant of the bottom pay rate. This means that fair and transparent pay grades, based on job evaluation, are being squashed together at the bottom of the pay structure.
With supervisors being paid similar rates to those they supervise, this leaves councils at risk of another round of costly equal pay claims. Applying the legal minimum pay rise to the bottom of the pay scale, and cutting pay for everyone else is unsustainable and not an option for the unions.
4 1. The setting for our pay claim.
This year is pivotal for pay in local government and schools. Councils face unparalleled financial challenges which have resulted from the harsh and unequal austerity measures imposed on local government by Westminster. As a result, the phasing out of the Revenue Support Grant and reliance on Council Tax and Business Rates to fund local services is high on the list of the trade unions‟ concerns. This is on top of an unprecedented average cut of 40% to councils‟ funding since 2010 and the implementation of the National Living Wage (NLW) without any additional funding from central government - in contrast to the NHS in Wales and Scotland where additional funding was provided to meet the cost of becoming Foundation Living Wage employers. Added to this, there will be extra spending responsibilities in relation to help for the growing number of older people with personal care costs and public health.
The LGA‟s own interim report on its funding outlook predicts that the funding gap in local government will grow to £10.3 billion by 2018/19, before an increase in funding in 2019/20 reduces the gap to £9.5 billion2. To maintain the same level of service councils provided in 2014/15, a funding gap of £6 billion has opened up in 2016/17 alone. Under the LGA‟s assumptions, authorities will have to use £3 billion of their reserves in the five years to 2019/20.
Research by the New Policy Institute shows that by 2020, current and capital spending combined will be lower than at any time since before 1948. Council Tax, until recently a minority source of local government finance, will account for at least half the money coming in to every English local authority by 2020 and revenue support grant will be mainly confined to metropolitan and unitary councils, and London boroughs. Shire counties and districts will be almost entirely reliant on council tax and business rates.3
At the time of submitting our claim, the Conservative manifesto had pledged that no school will have their per-pupil funding cut and that school funding in England will be increased by £4 billion over the course of the parliament. However, this plan is dependent on cutting Universal Infant Free School Meals and replacing them with breakfast clubs, and serious concerns have been raised over the costings and practicality of this proposal. Without a significant change there will remain a substantial funding gap: schools are already having to make teaching assistants and other NJC support staff redundant because of previous budget cuts.
There is also clearly uncertainty about whether pre-election pledges will be adhered to. The public have expressed real concerns about public services. In a report published in the Guardian on 13 June 2017 of the meeting of the 1922 Committee held the previous day, “May acknowledged several warnings from MPs who described meeting people who said they could not vote Tory because of cuts to hospitals, schools, or failure to increase public sector wages in real terms”.
2 Funding outlook for councils 2019/20: 2015 interim update, LGA June 2015. Based on applying the projections for departmental spending implied by the March 2015 edition of the OBR‟s economic and fiscal outlook1.
3 http://www.npi.org.uk/publications/local-government/sustainable-local-government-finance-and-liveable-local-areas- can-we-survive-2020/#sthash.BT9IOR2X.dpuf
5 The changing policy landscape is putting our members under immense pressure. They are experiencing an unparalleled deterioration in the value of their basic pay and widespread cuts to their conditions of work, such as car allowances and unsocial hours payments, and an increase in unpaid leave. These are also being slashed as councils struggle to fund services. However, they form a crucial part of employees‟ overall earnings. Our members rely on unsocial hours payments, weekend and night shift enhancements to make ends meet and should be properly paid for the disruption to their home lives which unsocial hours working represents.
Meanwhile, job losses have stripped the sector of its workforce on a historic scale, leading to persistent job insecurity, ever-increasing workloads and resulting pressure and stress for those workers left behind to pick up the pieces. The sector is being hit harder than any other part of the public sector. If the decline in the value of NJC pay is not addressed, the bargaining machinery is at risk of being seen as irrelevant.
At the same time as the Trade Union Side formulates and submits this pay claim, both sides of the National Joint Council are jointly reviewing the NJC pay spine. The implementation of the NLW means this work is critical if job evaluated pay structures which deliver equal pay for work of equal value, are to be maintained. If they are not, the Trade Union Side believes that local government and schools could face a second round of equal pay costs, which have already totalled around £3 billion.
Currently, pay differentials are being squashed as pay points at the bottom are deleted or pay settlements are bottom-loaded to keep pay rates at the bottom at, or marginally above, the legal minimum of the NLW. Increments throughout the structure are uneven and occupational segregation remains rife. Women, who are 78% of the workforce, still largely occupy the lower pay rates. The pay spine review is attempting to address these inequalities and provide more transparency and equality in pay progression.
Given that only a third of councillors in England are women – and even fewer in Wales and Northern Ireland - the representation of women among elected members fails to reflect the proportion of women working in local government. The trade unions believe that the massive under-representation of women as elected members is one of the key reasons for the decline in NJC pay and that gender bias in councillors‟ attitudes towards women‟s jobs and their value has exerted a negative influence on pay for some time.
2. Economic background
2.1 Current inflation rates
Between the start of 2010 and the end of 2016, the cost of living, as measured by the Retail Prices Index (RPI), rose by 22.6%.
Over 2010 and 2011, RPI inflation centred on the 5% mark, before a decline saw the rate cluster around 3% during most of the three years between 2012 and 2014. Inflation then went into a further slide, with RPI around 1% over most of 2015. However, inflation has been on the rise again since 2016 and RPI inflation has escalated reaching 3.7% in May 2017.
6 Yet during the period from 2010-2017, the majority of our members endured a three- year pay freeze from 2010, followed by at 1% pay award in 2013, a 2.2% pay rise spread over the next two years and only 1% per year in the most recent pay settlement from 2016-2017.
Since 2009, NJC workers on SCP 18 and above, have seen their pay cut year-on- year. For all these workers this has meant a loss in the value of their pay by a shocking 21%. Table 1 below shows the impact of below inflation pay settlements on the salary of a worker, such as a care worker, on SCP19. This is the most populated pay spine point.
Table 1: Impact of RPI inflation on SCP 19 salary (e.g. care worker). SCP 21 % inflation SCP 21 salary if Year salary above salary grew by actual salary RPI 2010 £19,126 £20,006 4.6% 2011 £19,126 £21,046 10.0% 2012 £19,126 £21,720 13.6% 2013 £19,317 £22,371 15.8% 2014 £19,317 £22,908 18.6% 2015 £19,742 £23,137 17.2% 2016 £19,939 £23,554 18.1% 2017 £20,138 £24,378 21.1%
In contrast, prices for everyday goods continue to rise. Price changes to commodities that make up the RPI over the year to May 2017 are shown in Table 2 below.
Table 2: Price changes in the year to May 2017 Item Average % increase Consumer durables 7.1 Personal expenditure 6.1 Travel and leisure 4.8 Alcohol and tobacco 4.0 Housing and household expenditure 2.9 Food and catering 2.4 All goods 4.1 All services 3.5 All items 3.7 Source: Office for National Statistics, Consumer Price Inflation Reference Tables, May 2017
7 Within these figures, some costs are rising significantly faster, such as clothing and footwear at 9.8%, electricity prices at 7.7%, petrol/oil at 7.2%, rail fares at 4.2% and bus and coach fares at 16.9%.
The price of housing also remains one of the biggest costs facing our members. Across the UK, house prices rose by 6.2% in the year to January 2017, taking the average house price to £218,0004. England experienced the biggest increase at 6.5%, while Northern Ireland, Wales and Scotland experienced 5.7%, 4.2% and 4% respectively. The latest estimates of the ratio between average house prices and average earnings stand at 7.7 in England (12.9 in London), 5.7 in Wales5, 5.2 in Scotland6 and 7.1 in Northern Ireland7.
Private rents jumped 2.2% in the year to January 2017- by 2.3% in England, 2.2% in Northern Ireland, 0.4% in Wales and by 0.1% in Scotland.8
Although they are not included in inflation figures, childcare costs are also significant. The 2017 Family & Childcare Trust Survey found that the annual cost of a part-time nursery place for a child under two hit £6,061 per year or £11,594 for a full-time place.
Table 3: Average weekly childcare costs 2017 After School Nursery Childminder Care Child- After- 25 hours 50 hours 25 hours 50 hours minder school Club Child < 2 yrs 2 yrs + < 2 yrs 2 yrs + < 2 yrs 2 yrs + < 2 yrs 2 yrs + 5 yrs - 11 yrs age Britain £116.25 £112.38 £222.36 £210.45 £109.84 £109.29 £212.86 £210.99 £67.11 £52.58 England £117.43 £113.43 £225.13 £212.43 £110.68 £110.11 £214.02 £212.02 £68.12 £52.80 Scotland £111.37 £106.16 £209.87 £199.16 £105.25 £104.53 £210.64 £209.24 £62.22 £55.71 Wales £101.42 £102.30 £188.80 £190.55 £101.03 £101.03 £193.84 £193.84 £55.43 £43.13 Inner £154.08 £141.05 £290.73 £273.79 £156.67 £151.68 £290.18 £273.23 £97.12 £42.09 London Northern Ireland is excluded from the analysis because childcare is funded differently, making comparisons difficult. Source: Family and Childcare Trust, 2017 Childcare Survey, updated annually published March 2017
Current inflation rates also mask longer term changes in the cost of living that have taken place since 2010. Between 2010 and 2016, food price inflation, currently standing at 1.2% saw significant rises, alongside other living costs as shown in Table 4 below.
4 Office for National Statistics, UK House Price Index Summary, March 2017 – LSL Property Services puts average UK house prices at £297,832. The stark difference with the ONS figure is principally down to the statistical method used in the calculation. 5 Office for National Statistics, Housing affordability in England and Wales, March 2017 6 Emoov - https://www.emoov.co.uk/reality-gap-uk-property-costs-eight-times-average-wage/ 7 Office for National Statistics, Trends in the UK Housing Market, 2014 8 Office for National Statistics, Index of Private Housing Rental Prices, January 2017 for Great Britain figures, Performance of the Private Rental Market in Northern Ireland Jan – June 2016 for Northern Ireland 8 Table 4: Price rise from 2010 – 2016 (%) Item Price rise Food 11% Rail fares 24% Bus and coach fares 26% Water 19% Electricity 28% Gas 24%
2.2 Inflation forecasts
The Trade Union Side feels that, under these circumstances, our claim is relatively modest. The Treasury average of independent forecasts predicts that RPI inflation will accelerate sharply to average 3.5% over 20179 and remain in excess of 3% every year between 2018 and 2021, following the pattern shown in Graph 2 below. These annual rates indicate the pay rises that would be needed for wages just to maintain their current value.
Graph 2: Forecast annual increase in cost of living (RPI) 4 3.5 3.4 3.5 3.2 3.2 3.3
3
2.5 2
1.5 % increase% 1 0.5 0 2017 2018 2019 2020 2021
Source: HM Treasury Forecasts for the UK Economy, February 2017
There is uncertainty about the impact of Brexit on inflation, although GMB research found that the average full-time public sector worker would lose £4,000 in real-terms between 2017 and 2020, of which over £1,400 was attributable to the extra-inflation triggered by Brexit.10 If the HMT rates turn out to be correct, then the cost of living the NJC workforce faces will grow by almost 18% between 2017 and 2021, following the pattern set out in Graph 3 below.
9 Regulated rail fares for 2017 are set to rise by an average of 1.9% because they are linked to the July RPI figure, though unregulated increases are expected to lift average rail prices by 2.3%.
10 http://www.mirror.co.uk/news/uk-news/public-sector-wage-freeze-equivalent-9986319
9 Graph 3: Forecast cumulative increase in cost of living 20.0 17.7 18.0 16.0 14.0
14.0
12.0 10.4 10.0
8.0 7.0 % increase% 6.0 3.5 4.0 2.0 0.0 2017 2018 2019 2020 2021
The potential impact of this inflation forecast on the value of the average NJC wage against the background of the 1% public sector pay cap from 2018 through to the end of 2019 is shown in Graph 4 below. Over these two years, the average NJC wage will have declined in value by over £1,100 under this scenario.
*Average local government wage based on FTE earnings excluding London.
10 2.3 Average earnings growth
Average earnings, shown in table 5, are currently rising far faster in the private sector than in the public sector, with finance, services and retail all rising faster than the public sector.
Total Pay (including Regular Pay % Table 5: Average weekly earnings Bonuses) % broken down by sector (seasonally adjusted) 3 month average 3 month average
Whole economy 2.1 1.7
Private sector 2.3 2.0
Public sector 1.1 1.1
Public Sector excluding financial 1.0 1.1 services
Manufacturing 1.6 1.7
Services 2.2 1.8
Finance and business services 1.6 1.1
Construction 1.0 1.2
Wholesale, retailing, hotels & 2.6 2.4 restaurants
Source: ONS UK Labour Market Statistical Bulletin, June 2017
Forecasts of average earnings predict that growth will average 2.6% in 2017, before escalating every year to reach 3.6% by 2021, following the pattern shown below in Graph 511. By comparison, NJC earnings are stagnating and falling behind these average growth figures. Best estimates indicate that approximately 10,720 local government workers (2.4% of the non-school based and non-London based workforce) are on pay points that will require an uplift in their rate in excess of forecast average earnings growth to achieve the National Living Wage” by 2020. For the lowest paid staff, this uplift will require an annual increase of 4.1% over three years, which is 1.1% above forecast average earnings growth across the economy as a whole over that period – and certainly far more than 1%.
11 Office for Budgetary Responsibility, Economic and Fiscal Outlook, March 2017
11
Graph 5: Forecast average
earnings growth
4 3
2 1
% annual growthannual% 0 2017 2018 2019 2020 2021
In other words, a significant above-inflation rise is required to address our members‟ fall in living standards over the last eight years. As the NHS regulator has warned, based on international comparisons:
„Periods of wage restraint are generally followed by periods of “catch up” with their trend level in subsequent years. Capping wages for longer to keep costs down would be self-defeating for the sector in the long term as it would make recruiting and retaining good quality professionals increasingly difficult.‟12
It is clear that the tipping point – where wages cannot be further reduced without impacting recruitment, retention and the quality of services – has already been reached. It is therefore vital that the 2018/19 settlement is built around a substantial, above inflation pay rise that compensates local government workers for the wages they have lost due to the application of the 1% cap.
2.4 Average pay settlements:
Pay settlements across the economy currently stand at 2%, which is well below the long-run median of between 3% and 3.5% that prevailed for over two decades until the 2008 economic crisis.
Pay settlements in the private sector stand at 2%, which is double that in the public and not-for profit sectors. Private sector settlements have been running far in advance of NJC pay since 2010. When NJC pay was frozen for three years, average private sector pay rises were running at 2.1%.
Table 6 below shows average settlements across a range of sectors for the year up to March 2017. These sectors are in direct competition for workers in jobs within the school and local government sectors.
12 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284044/ClosingTheGap0910 13.pdf
12
Table 6: Average pay settlements across the economy for the year to March 2017
Sector Average pay settlement Across economy 2.0%
Private sector 2.0%
Public sector 1.0% Not for profit 1.0%
Energy & gas 1.6% Water & waste management 1.7%
Retail & wholesale 2.4% Information & communication 2.0%
Admin & support services 2.0% Source: Labour Research Department, settlements year to March 2017
3. Decline in NJC pay - a unique case for a decent pay rise
Pay for those working in local government and schools has shamefully declined more than any other workforce in the public sector.
Our members have suffered significant, real-terms cuts to their wages – both as a reduction to the value of their annual salaries, and as a cumulative loss which has already amounted to over £10,000 since 2010/11 so far in some cases. Examples compiled by the GMB of the salary losses for workers on typical NJC pay scales are provided in table 7 below. The salaries stated are based on FTE rates but the vast majority of teaching assistants are employed on term-time and/or part-time only contracts. Their take home pay will be significantly less than the figures stated here.
13 Table 7 FTE salary devaluations in real-terms, not including cost of living weightings13 Salary in Salary in Annual real- Total real-terms Job title 2010 2017 terms cut cut 2010 – 2017
Catering Assistant £13,589 £14,975 £1,176 £6,085
Teaching Assistant £16,830 £17,547 £2,455 £8,596
Refuse Collector £17,161 £17,891 £2,505 £8,765
Administrative £20,198 £21,057 £2,948 £10,317 Assistant
Qualified Residential £22,221 £23,166 £3,244 £11,350 Care Worker
Social Worker £25,472 £26,556 £3,717 £13,009
Higher Level Teaching Assistant £26,276 £27,394 £3,835 £13,420 (SEN Specialist)
Homelessness £28,636 £29,854 £4,180 £14,628 Prevention Officer
An analysis of DfE statistics by GMB, shown in table 8 below, shows that average general teaching assistant pay rates increased by just 1.6% between 2011 and 2015 (the earliest and latest years for which figures are currently available). This was substantially below both inflation and the nominal one per cent cap – and it was equivalent to over a £2,400 real-terms cut over that period.
13 GMB, End the Public Sector Pay Pinch, 08 March 2017, page 10: https://static1.squarespace.com/static/58b828f44402436b74624b8a/t/58bf0a49bebafbf4b3e4b790/1488915 022750/public+sector+pay+pinch+report+-+FINAL.pdf
14 Table 8: GMB analysis of DfE School Workforce Census statistics - FTE teaching assistant salaries14
Higher Level General Teaching All Teaching Year Teaching Assistants Assistants Assistants
2011 £18,600 £21,300 £18,800
2012 £18,500 £21,400 £18,800
2013 £18,700 £21,800 £19,000
2014 £18,700 £21,700 £19,000
2015 £18,900 £22,100 £19,200
Change 1.60% 3.80% 2.10%
Real terms £2,531 £2,442 £2,461 cut (RPI)
Previous pay settlements and the way they have been implemented have clearly been inadequate. Our members have been asked to shoulder an unfair financial burden at the same time that their workloads have increased. The following section outlines how low pay has not only dogged the pay points at the bottom of the pay structure, but is systemic throughout it.
3.1. Pay at the bottom
At the same time as facing 40% cuts to local government funding, the introduction of the new NLW has led to pay at the bottom of the pay structure being linked to the legal minimum to prevent the employers breaking the law. Recent pay awards have been bottom-loaded and job evaluated, transparent pay differentials throughout the pay spine are under threat.
Graph 6 below shows the decline in the value of the bottom rate of NJC pay compared to the legal minimum rate of pay for the rest of the economy since 1999. The comparison is between the National Minimum Wage (NMW) adult pay rate and the bottom NJC pay point for each year at 1 October. The NMW is replaced by the NLW for 2016.
The graph brings into clear focus the need to tackle the years of pay neglect now, rather than focussing on skirting the NLW.
14 GMB, End the Public Sector Pay Pinch, 08 March 2017, page 18: https://static1.squarespace.com/static/58b828f44402436b74624b8a/t/58bf0a49bebafbf4b3e4b790/1488915 022750/public+sector+pay+pinch+report+-+FINAL.pdf
15 Graph 6: NJC bottom pay rate pegged to NMW and NLW £8.00 £7.00 £6.00 £5.00 NMW £4.00 NJC £3.00
In 1999, there was a 24% difference between the bottom rate of pay for NJC workers and the NMW. By 2016, the difference between the bottom NJC rate and the National Living Wage, the new legal minimum for those over 25, has plummeted to a shocking 0.3% difference. This is at the same time as equal pay was supposed to be introduced, as a result of the 1997 Single Status agreement. Far from seeing the increase in women‟s pay which was meant to be the outcome of Single Status, the opposite has been the case.
The legal minimum wage „floor‟ for the whole economy, has essentially become a benchmark for our members‟ pay, despite the highly responsible and skilled nature of their jobs. Local government workers have become used to being the poor relations of the public sector in the last two decades and are now the confirmed poor relations of the UK economy.
3.2 NJC minimum pay: comparisons with the rest of the public sector
With pay at the bottom of the NJC pay spine pegged at statutory minimum wage levels, it is no surprise that compared to minimum pay elsewhere in the public sector, pay rates for those working in local government and schools are shockingly low.
Table 7 below lists minimum pay rates across the public sector. It shows how far NJC pay has fallen behind the bottom rates for the majority of public sector workers. Even following the bottom loading applied as a result of recent NJC pay settlements, pay for those on minimum rates in local government compares badly with workers elsewhere in the public sector – particularly those working in central government and the NHS, where overall employment has increased. Central government rates for equivalent groups of workers compare particularly well, with NHS Agenda for Change rates in Wales and Scotland also significantly ahead. Sixth form college and higher education workers obviously deserve much better, but are significantly smaller groups than the NJC workforce.
The NJC trade unions see no reason at all for this disparity in pay between NJC workers and the rest of the public sector, which is the consequence of drastic funding cuts and the long-term neglect of a workforce which is predominantly made up of women.
16 Table 9: Minimum pay rates across the public sector
Hourly Rate (£) UNISON bargaining groups From (£) Local government (England, Wales & Northern 15014 7.78 Ireland) 01/04/2017 NHS Agenda for Change (England) 01/04/2017 15404 7.88 NHS Agenda for Change (Wales) 01/04/2017 16302 8.45 NHS Agenda for Change (Scotland) 01/04/2017 16302 8.45 NHS Agenda for Change (Northern Ireland) 2017 14437 7.38 * pay award pending. 01/04/2016 Sixth form college support staff (England & Wales) 01/01/2017 14778 7.66 Higher education 01/08/2016 14767 7.65 Further education (England) 01/08/2016 14962 7.78 Police staff (England & Wales) 01/09/2016 15486 8.03 Probation Service** 01/04/2016 14609 7.57 Youth and Community Workers 01/09/2016 15507 8.04 Central government Crown Office and Procurator Fiscal Service 01/08/2016 18113 9.39 Crown Prosecution Service 01/04/2016 16601 8.61 Department for Business, Energy and Industrial 16988 8.81 Strategy 01/08/2016 Department for Education 01/04/2016 18659 9.67 Department for Works and Pensions 01/07/2016 16772 8.69 Environment Agency 01/07/2016 15715 8.15 HM Revenue and Customs 01/06/2016 16453 8.53 Home Office 01/07/2016 16641 8.63 Northern Ireland Civil Service 01/08/2016 17352 8.99 Scottish Government 01/08/2016 17242 8.94
Notes to table Scotland pays the Living Wage across the public sector. Therefore, minimums agreed from November 2016 in Scotland will be at the rate of £8.45 an hour, which translates to £16,302 for a 37 hour week and £16,522 for a 37.5 hour week. *A pay settlement for NHS staff in Northern Ireland remains pending. **Probation Service rates have not increased since 2013.
3.3 Low pay: a problem throughout the pay spine.
While we have seen pay rises above 1% at the bottom of the pay spine to achieve the legal minimum of the NLW, we have also witnessed little or nothing being left for everyone else above them in the NJC pay structure, including social workers, environmental health and trading standards officers, and key admin workers. All NJC workers suffered a three year pay freeze from 2010 – 2013, in stark contrast to the rest of the public sector, where pay was „only‟ frozen for two years. Pay for all those working in local government and schools is lower than for anyone else working in the public sector. Those on the bottom pay points 6 – 12 are paid below the „real‟ Foundation Living Wage of £8.45 (UK rate), while the majority of their colleagues above them on the pay spine have endured pay rises of 1% in 2013,
17 1.1% in 2014 and 2015, and a pay rise capped at 1% for 2016 and 2017. To prevent equal pay claims being lodged against local authorities, differentials must be maintained and everyone on NJC pay, not just those at the bottom, deserves a decent pay rise.
3.4 Paying the Foundation Living Wage
Our claim is calling for the deletion of NJC pay points SCP 6-9 to ensure that no NJC worker receives less than the non-statutory, Foundation Living Wage. This is a rate calculated to ensure that workers receive the bare minimum needed for an acceptable standard of living. It is hard to understand why our members providing vital services in schools and councils should not be deemed worthy of wages which are enough to live on!
In recent years, support for the Foundation Living Wage has grown among local authorities. In 2015, research by UNISON showed that 51% of councils had individually chosen to pay the Living Wage, even though the „Green Book‟ collective agreement does not. Fewer schools than councils pay the Foundation Living Wage. Despite this, the trade unions have begun to see „real‟ Living Wage rates frozen, to allow catch up by the statutory minimum National Living Wage.
Employers who have implemented the Foundation Living Wage report improved retention of staff and improved quality of service. This leads to a reduction in costs of recruitment and training. Better pay also means that workers are more motivated and productive and it helps to reduce absenteeism. With stress, anxiety, poor mental health and fatigue being the number one reason for sickness absence in local government, paying the „real‟ Living Wage would help reduce workforce costs and improve the working lives of our members15.
But ad-hoc, local agreements to implement the Foundation Living Wage make a mockery of the NJC‟s bargaining machinery. Furthermore, deletion of the bottom rates and providing no uplift in pay for the rest of the workforce means that years of neglect of the NJC pay spine is leading to compression of the pay structure at the bottom end. In turn, this is creating unfair pay that damages staff morale and places councils at risk from equal pay claims.
3.5 Joseph Rowntree Foundation Minimum Income Standard
The Foundation Living Wage is not the only measure of low pay. The Joseph Rowntree Foundation publishes its annual Minimum Income Standard (MIS) based on what members of the public think people need to achieve a socially acceptable standard of living. These are shown in table 10 below.
Currently (July 2016 figures), the MIS rate for a Single Adult of working age sits between pay spine point 15 and 16 while for a lone parent with one child, it is above pay spine point 40. With the latest figures due to be released in July, it is expected that comparisons between NJC pay and the MIS will be even worse.
15 Local Government Workforce Survey 2015/16, Research report, March 2017.
18 When compared with the Foundation Living Wage, the MIS highlights the low level at which the Foundation Living Wage itself is set. This further underlines why the NJC must accept the Foundation Living Wage as the lowest pay spine point.
Single Adult of Two earner couple Lone parent with one Table 10: April 2016 working age with two children child
MIS (including rent, childcare £286.53 £776.28 £548.56 and council tax), per week
Hourly wage rate(full time) £8.85 £9.67 £18.16
Annual Earnings requirement £17,311 £37,812 £35,507
Full details: https://www.jrf.org.uk/income-benefits/minimum-income-standards
3.6 Pay comparisons across the pay spine
A comparison of pay for some NJC occupational groups with similar roles in the NHS shows that NJC workers are the poor relations of those with equivalent roles under the Agenda for Change pay structure within the NHS. With transfers within the public sector becoming more common, NJC workers face the scenario of working alongside others doing the same job, for which they are paid less money. This is unfair and discriminatory, is no way to motivate staff and has real implications for recruitment and retention in local government. We believe that NHS pay rates are far more reflective of the value of the jobs concerned and that NJC workers‟ pay should be lifted to at least the same rates. The jobs they do are no less valuable.
Table 11 below shows the difference in pay levels for selected occupations and equivalent roles across the NJC and Agenda for Change pay structures.
19 Table 11: NJC and NHS pay compared NHS Job title NJC NHS 37 Hour Difference % NHS Median Week between NJC pay Maximum Equivalent And NHS (£) exceeds
NJC job title Salary[1] (1.4.16) NJC Pay England Domestic Cleaner £14,311 £15,047 min. or £736 - £998 5.1% – Support £15,309 max 7% Worker Catering Catering £14,332 £15,047 min. or £715 - £977 5.1% - Support Assistant £15,309 max 6.8% Worker Nursery Nursery £18,379 £20,771 £2,392 13% Nurse Worker Librarian Librarian £23,166 £24,960 £1,794 7.7%
(1/4/16) (1/4/16) School Business Business Manager** £26,000 £32616 £6616 25.5% Manager* Principal Health £38,171 £50,529 £12,358 32.4% Environmenta Improvement l Health Principal** Officer* Principal Principal £46,225 £47,394 £1,169 2.5% Information Information Analyst* Analyst** Principal Principal £48,291 £53784 £5,493 11.4% Solicitor solicitor** (Solicitor/Con sultant)* [1] IDS 2013 is the last national data available. 1% in 2013 and 2.2% for 2014-16 are the
NJC pay awards. *Municipal Journal Jobs Go Public, 1/4/2016. **AfC profiles 1/4/16
It is not just pay for lower graded jobs that is unequal within the public sector. The top of the NJC pay spine compares badly with the rest of the public sector too. It stands at just over £43,000. This compares with nearly £100,000 within the NHS and nearly £65,000 in Higher Education. This has led to nearly two thirds of authorities extending their pay spine locally. At the top, NHS, other public sector and local government jobs are very similar, but pay is very different. UNISON has demonstrated this by doing „dummy‟ job evaluations using the NJC job evaluation scheme.
20 4. Pay-related conditions of work
In an attempt to save costs, for the last seven years councils across the board have been shredding working conditions. Both Unison and Unite have recently conducted surveys asking about changes to terms and conditions.
Nearly half - 46% - of UNISON members responding to UNISON‟s local government members‟ survey in 2016 reported that their pay and conditions had changed since 2010. Two-thirds of these said that the changes had been imposed. Members told us whether pay and conditions had got worse or improved and the responses, shown in Table 10 below, show how the full range of working conditions – and pay progression - are under attack.
Table 10: Changes to pay and conditions Got worse % since 2010 Unsocial hours payments 85 Weekend payments 84 Bank holiday payments 83 Evening/night payments 81 Bonuses/performance-related pay 79 Car allowances 78 Paid overtime 77 Sick pay 75 Holidays unpaid 75 Shift payments 74 Paid holidays 65 Pay progression 54 *These proportions are based on small samples
Similarly, Unite‟s survey in May 2017 asked whether other terms and conditions had been cut in addition to pay. This showed significant numbers of councils making cuts to overtime, allowances and redundancy terms. Many members that ticked „other‟ also mentioned downbanding, compulsory unpaid shut down days, sick pay, mileage rates and bonus schemes.
Table 11: Has your Local Authority cut any other terms and conditions? Percent Overtime 43.1% Allowances 36.7% Facilities time 12.1% Redundancy 25.6% Requirement to take unpaid leave 7.7% I don't know 30.6% Other, please specify 15.7%
Slashing conditions and slowing pay progression has had a real impact on our members‟ pay packets. Over 50% of the workforce is made up of part-time employees, working regular, unpaid overtime. Many workers are dependent on these additional payments to make ends meet. The workforce is made up of over three-quarters women, many low paid and in low-paid households, or single mothers. Their incomes are vital to the wellbeing of their families and these 21 additional regular payments are a lifeline. This makes these workers and their families especially vulnerable to any change in their financial circumstances, such as withdrawal of regular enhancements to their pay for working nights and unsocial hours.
5. Job losses
Local government has been decimated by job losses over the last seven years as funding cuts bite. Local government has seen 760,000 job losses since June 2010.16 Over the same period, employment in central government has increased by 160,000. This trend continues, with local government employment in the UK falling by roughly 30,000 workers in the year to December 2016.17 In comparison, NHS, central government and private sector employment continue to rise. NHS employment reached a record high in December 2016, rising for the 14th consecutive quarter and by 38,000 in the year up to December 2016.
Meanwhile private sector employment – albeit much of it part-time or casual work - has been increasing strongly for nearly seven years, reaching a record high in December 2016. Since June 2010, it has risen by three million. It rose by 324,000 in the year up to December 2016.
With considerably fewer workers to provide local services, our members deserve a pay rise that reflects the massive increase in their productivity. Those workers left behind are attempting to pick up the workloads of former colleagues, as well as do their own work on declining pay and conditions.
Local government workers face job insecurity and frequent reviews and reorganisations. In UNISON‟s 2016 survey, thirty-eight percent of members reported job losses in their department.18 Sixty-three percent reported having experienced a review or reorganisation in the previous year, driven by cost-cutting exercises.
6. Recruitment and retention
The latest workforce survey by the NJC employers, the Local Government Association, shows that a shocking 71% of councils are currently experiencing recruitment and retention difficulties19.
With pay in local government and schools comparing badly to the rest of the public and private sectors, recruitment and retention is fast becoming an issue for local employers. In 2010, an estimated eight per cent of public sector jobs were supplied
16 https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/publicsectorpersonnel/bulletins/publics ectoremployment/dec2016 17 ibid 18 https://www.unison.org.uk/content/uploads/2016/06/23864.pdf 19 Local Government Workforce Survey 2015/16, Research report, March 2017. 22 by an agency – by 2015, that number had increased to 13%.20 GMB analysis shows that the cost to the public sector of agency and temporary workers rose by over £2 billion in real terms between 2011/12 and 2014/15 (the latest year for which figures are available). If the decline in the value of NJC pay throughout the pay spine is not addressed, this situation can only worsen. The growing and widespread use of agency workers to fill gaps comes at a hefty cost to the public purse.
Many councils are already heavily dependent on temporary workers. During the last ten years, agency staff in some London boroughs have comprised up to a quarter of the total headcount. Recently, Northamptonshire hit the headlines after local media uncovered an annual spend of £1.5 million on temporary workers.21 Facing funding cuts, councils find themselves unwilling to authorise permanent jobs but key roles need to be filled. Meeting the Joint Trade Union Side‟s pay claim this year will help encourage workers to remain in post, particularly given the extreme increase in workload, stress and pressure being witnessed.
7. Conclusion
It is clear that the Government‟s current policy of pay restraint applied to our members working in councils and schools is not sustainable. Erosion of NJC pay over the last twenty years has led to it skirting the legal minimum. The introduction of the NLW, the ad hoc adoption of the Foundation Living Wage and the widespread extension of the top of the pay spine by councils means that pay grades have become compressed, uneven and unfair.
With the NLW set to be around £9 per hour by 2020, councils and schools will face additional financial costs. But if the decline in the value of NJC pay across the entire pay spine is not addressed, the real financial costs to councils, through equal pay claims, recruitment and retention challenges and workforce disharmony, will be far greater than the cost of restructuring the pay spine, while giving all our members, across the board, a much needed decent pay rise.
They face immense pressure – ever increasing workloads, deteriorating pay and conditions, and persistent job insecurity. Against the odds, they have delivered efficiency savings for you year-on-year, but we have reached the limit of what can be squeezed from an exhausted and demoralised workforce.
Those providing local services in councils and schools are supporting our children‟s education and holding stretched communities together at a time when those services are overwhelmed by public demand and the government is cutting funding. With the dramatic decline in the value of their pay, it is clear that our members have remained in local government and schools because they are committed to improving people‟s lives, supporting communities and maintain a lasting public sector ethos.
20 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/592131/NIESR_agency_wor king_report_final.pdf
21 https://www.theguardian.com/local-government-network/2013/jan/29/local-government-temporary-staff
23 They believe too that people are more important than fat salaries and market competition. But they too have bills to pay and themselves and families to support and can‟t keep delivering more and more for less and less. The Trade Union Side believes our claim is just and fair, and no less than our members deserve. This year, passing on the Government‟s 1% pay cap will just not cut the mustard. The employers must offer at least the Foundation Living Wage as the minimum pay point (removing SCP 6 – 9) and 5 per cent on all other pay points. Local government and school workers should and must get the decent and fair pay rise that they need and deserve.
24
Appendix: Current NJC pay rates:
NJC Pay Point 2017 Pay pa 2017 Pay hourly SCP6 £15,014 £7.78 SCP7 £15,115 £7.83 SCP8 £15,246 £7.90 SCP9 £15,375 £7.97 SCP10 £15,613 £8.09 SCP11 £15,807 £8.19 SCP12 £16,123 £8.36 SCP13 £16,491 £8.55 SCP14 £16,781 £8.70 SCP15 £17,072 £8.85 SCP16 £17,419 £9.03 SCP17 £17,772 £9.21 SCP18 £18,070 £9.37 SCP19 £18,746 £9.72 SCP20 £19,430 £10.07 SCP21 £20,138 £10.44 SCP22 £20,661 £10.71 SCP23 £21,268 £11.02 SCP24 £21,962 £11.38 SCP25 £22,658 £11.74 SCP26 £23,398 £12.13 SCP27 £24,174 £12.53 SCP28 £24,964 £12.94 SCP29 £25,951 £13.45 SCP30 £26,822 £13.90 SCP31 £27,668 £14.34 SCP32 £28,485 £14.76 SCP33 £29,323 £15.20 SCP34 £30,153 £15.63 SCP35 £30,785 £15.96 SCP36 £31,601 £16.38 SCP37 £32,486 £16.84 SCP38 £33,437 £17.33 SCP39 £34,538 £17.90 SCP40 £35,444 £18.37 SCP41 £36,379 £18.86 SCP42 £37,306 £19.34 SCP43 £38,237 £19.82 SCP44 £39,177 £20.31 SCP45 £40,057 £20.76 SCP46 £41,025 £21.26 SCP47 £41,967 £21.75 SCP48 £42,899 £22.24 SCP49 £43,821 £22.71
25